


































































































« 






















































































JOURNAL 



OF THE 


Constitutional Convention 


OF THE 



Begun to be Holden at Columbia, S. C., on Tuesday, tbe Tenth 
Day of September, Anno Domini Eighteen Hundred and 
Ninety-five, and continued with divers adjournments 
until Wednesday, tbe Fourth Day of December, 
Anno Domini Eighteen Hundred and Ninety- 
live, when finally adjourned. 


Governor JOHN GARY EVANS, of Aiken County, 

President. 

Hon. IRA B. JONES, of Lancaster County, 

Vice-President. 

Hon. W. J. TALBERT, of Edgefield County, 


Vice-President. 



Secretary. 


COLUMBIA, S. C. 

CHARLES A. CALVO, JR., STATE PRINTER. 

1895. 




2 


JOURNAL OF PROCEEDINGS, 


The Convention which was held in 1860 was called for the purpose of 
passing the ordinance of secession, and it made such changes in the Consti¬ 
tution then in force as were necessary to adapt it to those changed condi¬ 
tions. We had the Constitution of 1865, which was framed by a convention 
called together under a proclamation of a provisional Governor, the 
appointee of a President of the United States, who had no more power to 
appoint a Governor for South Carolina than any other citizen of the coun¬ 
try, and the work of the said convention was of no more force than the 
proceedings of a mass meeting of citizens. The Convention of 1868 was the 
fruit of the Reconstructions Acts, which were notoriously unconstitutional, 
of which one of the most prominent men in Congress and a leader of the 
party in power at the time had the hardihood to say there were only two 
fools in the United States who considered them constitutional; and if 
unconstitutional they were invalid. That Constitution was made by aliens, 
negroes and natives without character, all the enemies of South Carolina, 
and was designed to degrade our State, insult our people and overturn our 
civilization. It is a stain upon the reputation of South Carolina that she 
has voluntarily lived for 18 years under that instrument after she had 
acquired full control of every department of her government, but it is a 
lasting honor to the people of the State that when they took control of 
their own affairs they set to work to do away with this instrument of 
their humiliation, in their day of defeat, and in its place to have an organic 
law which shall be the work of their own hands. In the performance of the 
important work which lies before you, you cannot do better than to go back 
and take as the basis of your work the Constitution of 1790, which was the 
only valid Constitution South Carolina ever had, and which was the work 
of her own sovereign hands. Under that Constitution all of her greatness, 
her prosperity and her glory was developed; its principles are imprinted 
upon the “ tablets of the hearts of her people” and woven into every fibre 
of their being. It has been expounded by her highest Courts, and has 
passed into her history. Of course changes will have to be made to adapt 
it to the changed condition of the times, and additions to it will have to be 
made to keep pace with the progress of the age; but “ we are not wiser in 
our day and generation than the children of light,” and we will make no 
mistake in walking in the footsteps of our fathers. 

I congratulate you, gentlemen, upon your being able to assemble in the 
peace of God and the State to perform this important work for the State 
and for your children for generations to come. May you be guided by 
wisdom from above to act in all things in such a manner as to bring safety 
and honor to South Carolina, and peace, prosperity and happiness to all her 
people. The Convention is ready for business. 

Mr. STANYARNE WILSON*'offered the following resolution, 
which was considered immediately, and agreed to : 

Eesolved, That the Delegates whose names appear upon the Roll of Dele¬ 
gates, now in possession of the Secretary of State, be, and are hereby, 
declared the duly elected and qualified delegates to this Convention. 

The roll being called the following delegates answered to their 
names : 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 


ABBEVILLE. 

Mr. Wm. 0. McGowan. 
Mr. I. H. McCalla. 

Mr. J. C. Klugh. 

Mr. R. R. Hemphill. 

Mr. Frank B. Gary. 

Mr. R. F. McCaslan. 

AIKEN. 

Mr. John Gary Evans. 
Mr. F. P. Woodward. 
Mr. R. L. Gunter. 

Mr. D. S. Henderson. 

ANDERSON. 

Mr. J. P. Glenn. 

Mr. L. D. Harris. 

Mr. J. E. Breazeale. 

Mr. D. H. Russell. 

Mr. G. E. Prince. 

Mr. J. M. Sullivan. 

BARNWELL. 

Mr. Robert Aldrich. 

Mr. G. D. Bellinger. 

Mr. C. M. Hiers. 

Mr. W. C. Smith. 

Mr. A. H. Patterson. 

Mr. G. H. Bates. 

BERKELEY. 

Mr. J. B. Morrison. 

Mr. J. B. Wiggins. 

Mr. E. J. Dennis. 

Mr. William Henderson. 
Mr. A. H. DeHay. 

Mr. H. H. Murray. 

Mr. R. 0. McMakin. 





4 


JOURNAL OF PROCEEDINGS, 


BEAUFORT. 

Mr. James Wigg. 

Mr. Thos. E. Miller. 

Mr. I. R. Reed. 

Mr. W. J. Whipper. 

Mr. Robert Smalls. 

CHARLESTON. 

Mr. T. G. Barker. 

Mr. J. K. P. Bryan. 

Mr. A. S. Farrow. 

Mr. Julian Mitchell, Sr. 
Mr. G. F. VonKolnitz, Jr. 
Mr. W. M. Fitch. 

Mr. Joseph Oliver. 

Mr. W. St. Julien Jervey. 
Mr. J. N. Nathans. 

CHESTER. 

Mr. T. J. Cunningham. 
Mr. J. Lyles Glenn. 

Mr. G. W. Gage. 

Mr. R. 0. Atkinson. 

CHESTERFIELD. 

Mr. E. N. Redfearn. 

Mr. F. P. Taylor. 

Mr. E. J. Kennedy. 

CLARENDON. 

Mr. J. M. Sprott. 

Mr. J. S. Cantey. 

Mr. D. J. Bradham. 

Mr. J. W. Kennedy. 

COLLETON. 

Mr. M. P. Howell. 

Mr. C. W. Garris. 

Mr. D. H. Behre. 

Mr. M. R. Cooper. 

Mr. L. E. Parler. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION, 5 


DARLINGTON. 

Mr. H. C. Burn. 

Mr. J. N. Parrott. 

Mr. J. 0. A. Moore. 

Mr. A. T. Perritte. 

EDGEFIELD. 

Mr. B. R. Tillman. 

Mr. W. J. Talbert. 

Mr. G. D. Tillman. 

Mr. W. H. Timmerman. 
Mr. J. 0. Sheppard. 

Mr. R. B. Watson. 

FAIRFIELD. 

Mr. R. A. Meares. 

Mr. W. L. Rosborough. 
Mr. G. W. Ragsdale. 

Mr. T. W. Brice. 

FLORENCE. 

Mr. B. B. McWhite. 

Mr. R. M. McCown. 

Mr. W. F. Clayton. 

Mr. J. 0. Byrd. 

GEORGETOWN. 


Mr. J. H. Read. 

Mr. E. F. Matthews. 
Mr. R. B. Anderson. 

GREENVILLE. 

Mr. J. W. Gray. 

Mr. J. T. Austin. 

Mr. Hugh Barton. 

Mr. H. B. Buist. 

Mr. H. J. Haynsworth. 
Mr. G. G. Wells. 



6 


JOURNAL OF PROCEEDINGS, 


HAMPTON. 

Mr. W. J. Gooding. 

Mr. A. J. Harrison. 

Mr. C. J. 0. Hutson. 

HORRY. 

Mr. J. P. Derham. 

Mr. J. A. McDermott. 
Mr. Jeremiah Smith. 

KERSHAW. 

Mr. C. L. Winkler. 

Mr. J. W. Floyd. 

Mr. J. T. Hay. 

LANCASTER. 

Mr. Ira B. Jones. 

Mr. J. N. Estridge. 

Mr. J. W. Hamel. 

LAURENS. 

Mr. J. L. M. Irby. 

Mr. A. J. Smith. 

Mr. J. II. Wharton. 

Mr. R. L. Henry. 

LEXINGTON. 

Mr. C. M. Efird. 

Mr. J. L. Shuler. 

Rev. E. L. Lybrand. 

MARION. 

Mr. W. J. Montgomery. 
Mr. E. B. Berry, 

Mr. J. E. Ellerbe. 

Mr. J. D. Montgomery. 

MARLBORO. 

Mr. W. D. Evans. 

Mr. T. E. Dudley. 

Mr. R. H. Hodges. 

Mr. T. I. Rogers. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 7 


NEWBERRY. 

Mr. George Johnstone. 
Mr. G. S. Mower. 

Mr. J. L. Keitt. 

Mr. J. A. Sligh. 

OCONEE. 

Mr. J. C. Alexander. 
Mr. 0. M. Doyle. 

Mr. W. J. Stribling. 

ORANGEBURG. 

Mr. J. W. Stokes. 

Mr. I. W. Bowman. 
Mr. L. S. Connor. 

Mr. E. H. Houser. 

Mr. A. K. Smoak. 

Mr. 0. R. Lowman. 

PICKENS. 

Mr. W. T. Field. 

Mr. W. T. Bowen. 

Mr. R. F. Smith. 

RICHLAND. 

Mr. J. T. Sloan. 

Mr. J. J. McMahan. 
Mr. Wilie Jones. 

Mr. J. B. Dent. 

Mr. H. C. Patton. 

SPARTANBURG. 

Mr. Stanyarne Wilson. 
Mr. C. A. Barry. 

Mr. W. T. Bobo. 

Mr. W. 0. Rowland. 
Mr. A. S. Waters. 

Mr. T. E. Johnson. 
Mr. W. E. Carver. 



8 


JOURNAL OF PROCEEDINGS; 


SUMTER. 


Mr. R. D. Lee. 

Mr. J. H. Scarborough. 

Mr. T. B. Fraser. 

Mr. G. P. McKagen. 

Mr. Shepherd Nash. 

Mr. R. P. Stackhouse. 

UNION. 

Mr. J. T. Douglass. 

Mr. W. A. Nicholson. 

Mr. C. H. Peake. 

Mr. J. 0. Otts. 

WILLIAMSBURG. 

Mr. T. M. Gilland. 

Mr. S. W. Gamble. 

Mr. W. R. Singletary. 

Mr. G. J. Graham. 

YORK. 

Mr. A. H. White. 

Mr. J. S. Brice. 

Mr. J. F. Ashe. 

Mr. S. E. White. 

Mr. W. B. Wilson. 

Mr. SHEPPARD offered the following resolution, which was con¬ 
sidered immediately and agreed to : 

Resolved, That the elective officers of this Convention shall be a Presi¬ 
dent, two Vice-Presidents, a Secretary, a Sergeant-at-Arms, and a Reading 
Clerk—to be elected by viva voce vote. 

Mr. PATTERSON nominated Governor Evans for President of the 
Convention. 

Mr. TALBERT and Mr. GRAY seconded the nomination. 

There being no other nomination, 

On motion of Mr. McCOWN, the rule was suspended and the call¬ 
ing of the roll dispensed with, and a rising vote taken. Governor 
Evans received the unanimous vote of the Convention, with the excep¬ 
tion of Mr. SMALLS, who voted “no. 99 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 9 


The CHAIRMAN” announced that Mr. John Cary Evans having 
received a majority of all the votes was duly elected President of the 
Convention. 

Mr. TALBERT moved that the Chair appoint a committee of three 
to inform Gov. Evans of his election; which was agreed to. 

The CHAIRMAN appointed Messrs. Talbert, Ira B. Jones and 
Patterson the committee. 

On motion of Mr. LOWMAN, the committee proceeded to elect two 
Vice-Presidents. 

Mr. STANYARNE WILSON put in nomination Mr. Talbert and 
Mr. Ira B. Jones. 

There being no other nominations the rule was suspended and the 
calling of the roll dispensed with, and a rising vote taken, which re¬ 
sulted in the unanimous election of Mr. Talbert and Mr. Ira B. 
Jones as Vice-Presidents of the Convention. 

On motion of Mr. GRAY, the Convention proceeded to elect a 
Secretary. 

Mr. WHARTON nominated Mr. S. W. Vance. 

Mr. COOPER seconded the nomination. 

There being no other nomination, the rule was suspended and the 
calling of the roll dispensed with and a rising vote taken. 

The CHAIRMAN announced that Mr. Vance having received all 
the votes cast was duly elected Secretary of the Convention. 

On motion of Mr. -the Convention proceeded to elect a Ser- 

geant-at-Arms. 

Mr. W. C. SMITH nominated Mr. N. H. Stansell. 

Mr. GARRIS seconded the nomination. 

There being no other nomination the rule was suspended and the 
calling of the roll dispensed with and a rising vote taken. 

The CHAIRMAN announced that Mr. Stansell having received 
all the votes cast was duly elected Sergeant-at-Arms of the Conven¬ 
tion. 

The committee returned accompanied by Mr. John Gary Evans. 

Mr. ALDRICH, the temporary Chairman, informed him of his 
election to the Presidency of this Convention. 

Mr. EVANS, upon assuming the chair, addressed the Convention as 
follows : 

Gentlemen of the Convention: 

I thank you for the honor you have conferred upon me by calling me to 
preside over your deliberations. 

Under the three different forms of government the crowned monarch 
represents the sovereign power with honor as its essential principle. The 




10 


JOURNAL OF PROCEEDINGS, 


tyrant by force of arms and a strong hand represents the sovereign power 
of a despotism with its underlying principle, ignorance. The people alone 
are sovereign in a republic, and its essential element virtue. 

You represent the sovereign power of South Carolina, which power has 
been delegated to you by the people, by reason of the trust reposed in you, 
for the purpose of framing an organic law. To be called upon to preside 
over the sovereignty of South Carolina is, indeed, an honor of which any 
man should be proud. In thanking you for such an honor I simply do that 
which goes without saying. 

I will not review the history of former conventions; this has been ably 
done by your temporary Chairman. I simply repeat that this is the first 
time the sovereignty of the State has been delegated by the will of the 
people, honestly and fairly expressed at the ballot box. The law which 
you shall frame will be supreme and cannot be reversed in future years 
except in a manner which you shall provide. 

From the position I now occupy I will be precluded from having a voice 
in the deliberations of the Convention. My position as Chief Executive 
intimately connects me with every department of your State Government. 
I have some thoughts that I wish to present for your consideration, and 
you will pardon me while I proceed to do so. 


EXECUTIVE. 


In reference to the Executive Department, it is for you to say what 
powers the Governor shall exercise in future. It is your duty to throw 
around him such restrictions and safeguards as will protect the people from 
tyranny and oppression; to preserve them in the enjoyment of their lives, 
their liberty and property. The present Constitution was framed by a body 
that did not represent the people of South Carolina, and I recall the pro¬ 
phetic words of Governor On’ to that body when he admonished them that 
no law passed by them, unless framed with a view of preserving the nile of 
intelligence and virtue, could be perpetuated. This has proved true, and 
we are here to make the prophecy and blot out a Constitution made to per¬ 
petuate the reign of ignorance and vice over wisdom and virtue. The 
Chief Executive should be clothed with power to remove any and all 
officials guilty of misfeasance or malpractice in office, or to suspend such 
officers until such charges may be pretended and disposed of. Under the 
present Constitution a sheriff may lead a lynching bee, a clerk of the court 
may defile the sanctuary of justice, a county supervisor may rob and plun¬ 
der the people, and still retain their offices in defiance of the Executive, 
whose duty it is under the Constitution to see that the laws are duly and 
properly enforced. If you deem this power too broad, specify in what cases 
it should be exercised, or abolish any article or section requiring the Gov¬ 
ernor to enforce the laws. If we are to have a chief, make him such; if a 
subordinate, define his province. 

The legislative department needs your serious consideration; but I deem 
it useless to go into an extensive discussion of that department, as I see 
before me many delegates who have been for years members of the House 
and Senate. Our Legislature is handicaped and burdened with the election 
of a multiplicity of officers. Dispense with this and require all elections 
to be by the people. Let there be annual sessions consisting of thirty days. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 11 


I am satisfied that, relieved of elections and charters of corporations and 
towns, this limitation will he ample ; and while it is now the unwritten law 
that the Legislature shall adjourn before Christmas, make it constitutional 
and thus relieve the people of useless legislation. Remember that the best 
governed people are the least governed. The charter curse should be con¬ 
trolled. The Legislature must be empowered to create corporations, but 
let them be under general laws, and thus relieve the people of special legis¬ 
lation and the granting of special privileges. By requiring the Legislature 
to enact a general law providing for the chartering of all corporations by 
the Secretary of State, you will save one-half the time now occupied by 
that body and furnish the State a revenue to which it is justly entitled. 

The terms of legislators should not be longer than two years. 

THE JUDICIARY. 

The safety of the republic rests greatly upon the judiciary. It has been 
truly said that the greatest danger to the government of this country is the 
encroachment and transgressions of the Federal judiciary. Recent events 
in our State have verified this prophecy, but of this we have nothing to do 
except learn a lesson from it. The judiciary should be well guarded and 
placed on a pinnacle so high that it will remain free and spotless from any 
reflections, slurs or disgrace attempted to be cast upon upon it. The safety 
of the life, limbs and property of the people may best be conserved by 
leaving it in their own hands, and to this end judges should be elected by 
the people. This has proved a blessing in a majority of the cases where it has 
been tried and is no longer an experiment. This is the law in other States 
possessing more wealth and*intelligence than ours, and there is no reason 
why the same results should not be repeated here. Our inferior courts as 
at present constituted are a farce. The trial justice system is expensive, 
inefficient and fails to meet the requirements of the people. County courts 
should be established with jurisdiction over misdemeanors and felonies 
less than capital, the terms of which should be quarterly, and all convicts 
sentenced directly to the county chain gang. This would insure speedy jus¬ 
tice, economy and good roads. Let the Chairman of each township board of 
commissioners be made a committing magistrate with no trial jurisdiction 
and the system will be complete. 

HOMESTEAD. 

A reasonable homestead should be provided for heads of families without 
power to mortgage and exempt from attachment, levy and sale. Uuder our 
present law the homestead is a myth and farce. It is invariably mortgaged, 
and this leech has almost exhausted the life substance of our citizens. 

The reason for exempting the homestead from levy and sale is not to pro¬ 
tect unfortunate debtors. It is to preserve and foster in the citizen that 
essential principle of a republic : virtue, patriotism. 

The patriot has been defined to be one who loves the home he inhabits, 
the trees that give him shade and the hills that stand in his pathway. 

The tenant or renter having no home to love, no castle to defend, no 
sacred ties to bind him, no vine or fig tree to watch to maturity, cannot 




12 


JOURNAL OF PROCEEDINGS, 


nurture patriotism, and it is for this reason that the home of the citizen 
/'should he guaranteed him, his dependent wife and children. It is appall¬ 
ing to witness the rapidity with which the lands of the State are passing 
into the hands of aliens and foreign corporations. If it is not checked our 
people will soon become as the Arabs of the desert or the wandering Jews 
of Russia, and patriotism will be dead. Let us preserve our homes for 
South Carolinians and perpetuate that individuality so characteristic of 
our people. ^ 

^ EDUCATION. 

The question of education is of vital importance and the most serious one 
to deal with. It is a principle of government that the best educated people 
are the happiest and easiest governed. It is of more importance than the 
question of suffrage, because it should be the first requisite to the enjoyment 
of citizenship. The beginning of a citizen is at home, but his maturity is in 
the school and college. The schoolmaster thus becomes the most important 
personage under the government. It is the duty of the State to furnish to 
the masses that education which fits them for citizenship, and to this end 
our common schools should be liberally supported by taxation. Experience 
has proved the wisdom of separate education of the races, and the Consti¬ 
tution should provide for the maintenance of a white and colored school in 
each district in the State. Give to the citizen the right to designate the 
school to which his tax should be applied, and leave to the trustees the 
distribution of the tax of corporations upon an equable basis. A common 
school education creates a demand for a higher or collegiate one, and it is 
your duty to support the higher institutions of learning in the State. See 
that no lights are put out—rather let more be established. The great mass 
of the people never complain of taxation for education when they know 
they derive the direct benefit. 

No fixed amount of taxation should be placed in the Constitution; it 
should be left in the hands of the people who pay it or to their representa¬ 
tives in the Legislature. 


SUFFRAGE. 

There should be an educational qualification for the right of suffrage if 
the supremacy of intelligence is to be preserved. It is no injustice to any 
man, black or white, to have such a qualification, for only the intelligent 
are capable of governing. We must do our duty in this matter boldly and 
fearlessly, without regard to the censure of foreigners and aliens. We 
have experienced the cost and hardship of the rule of the ignorant, and 
know what it means. 

There is no room in this Convention for factional differences, and he who 
does not deprecate such is unworthy a seat in this hall. We have seen that 
white men can divide, and it is your duty, in view of such division, to so 
fix your election laws that your wives, your children and your homes will 
be protected and Anglo-Saxon supremacy preserved. Fix it as in your 
judgment appears wisest. This much is expected of you by your people 
and the outside world. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 13 


CORPORATIONS. 

Ample provision should he made to protect the people against the 
encroachments of corporate wealth and influence—against plutocracy. Cor¬ 
porations in South Carolina are becoming most powerful. In the last four 
years the capacity and wealth of manufactories have more than doubled. 
Our laws, our climate and our labor offer special inducements for the 
operation of cotton mills in the State, and, while you owe a duty to them, 
you owe it to the people as well. The operatives in our factories are 
neither anarchists, socialists nor foreigners; they are native-born South 
Carolinians, with all that that word implies. You should see to it that in 
their poverty they are not oppressed. Whether a special officer should be 
appointed to look after this, is for you to determine in your wisdom. In 
my judgment the small salary he would be paid would be fully compen¬ 
sated by the good he would accomplish. Especially should some pro¬ 
visions be made against corrupt influences in elections and the intimida¬ 
tion of electors by corporate authorities. In municipalities there is cor¬ 
ruption and dishonest means and influences used in elections. It is your 
duty to throw around such municipal elections the same safeguards used in 
State elections, and thus insure to the people of towns and cities the same 
fairness and honesty practiced by people in the country. 

With these reflections I leave these questions with you. I have given my 
ideas to you, as I deemed it my duty to do, and not for the purpose of in¬ 
fluencing you. As I look at the personnel of this Convention, I must con¬ 
gratulate the people upon sending you here, and no one can question their 
wisdom. Let your work go forth not as the work of a faction, but as com¬ 
ing from the sovereignty of the State, and around which a divided people 
may unite and say this is our Constitution. You will then receive the well- 
done of the whole people, and your posterity will rise and bless the work 
of their fathers. May God send you wisdom and imbue your hearts and 
minds with justice and moderation. 

I now declare the Convention ready for business. 

Mr. EEIRD offered the following resolution, which was considered 
immediately and agreed to : 

Resolved , That the Convention do now proceed to the election of a Read¬ 
ing Clerk, and that the applicants for the position be required to appear at 
the desk of the Reading Clerk and read any matter submitted to them by 
the President. 

Mr. OTTS nominated Mr. G. Walt Whitman. 

Mr. TIMMERMAN" seconded the nomination. 

Mr. W. D. EVANS nominated Mr. A. H. Dagnall. 

Mr. J. L. GLENN nominated Mr. John Withers. 

The PRESIDENT appointed Messrs. Behre and Gunter, Tellers. 
The Secretary called the roll, and the delegates voted viva voce f 
with the following result : 




14 


JOURNAL OF PROCEEDINGS, 


Mr. Dagnall received. 84 votes. 

Mr. Withers received... 54 votes. 

Mr. Whitman received. 11 votes. 

Total vote cast.149 


The PRESIDENT announced that Mr. Dagnall having received a 
majority of all the votes cast was duly elected Reading Clerk of the 
Convention. 

Mr. GRAY offered the following resolution: 

Resolved, That the President of the Convention appoint two Assistant 
Clerks, upon the recommendation of the Clerk, to assist the Clerk in his 
duties; also, that the President appoint six Pages and four Laborers. 

Mr. STANYARNE WILSON offered the following as a substitute 
for Mr. Gray’s resolution, which was agreed to: 

Resolved, That the President of the Convention be, and he is hereby, 
authorized and directed to appoint the following officers and employees of 
this Convention, to wit: two Assistant Secretaries, Journal Clerk, Bill Clerk, 
Doorkeeper, Assistant Doorkeeper, Gallery Doorkeeper, Postal Clerk, six 
Pages, and two Laborers. That they each receive the same per diem as the 
members of this Convention, except the Pages and Laborers, who shall 
each receive a per diem of one dollar and fifty cents. 

Mr. SHEPPARD offered the following resolution, which was 
agreed to : 

Resolved, That in order to expedite the business of this Convention the 
President be authorized to appoint Standing Committees, consisting of 
eleven members each, on the following subjects, and said Committees shall 
consider all such matters as shall be referred to them respectively, and re¬ 
port their action thereon to the Convention, to wit: 

1. Committee on Declaration of Rights. 

2. Committee on Legislative Department. 

3. Committee on Executive Department. 

4. Committee on Judicial Department. 

5. Committee on Jurisprudence. 

6. Committee on Eminent Domain. 

7. Committee on Impeachments. 

8. Committee on Right of Suffrage. 

9. Committee on Finance and Taxation. 

10. Committee on Education. 

11. Committee on Charitable and Penal Institutions. 

13. Committee on Municipal Corporations and Police Regulations. 

13. Committee on Corporations. 

14. Committee on Militia. 

15. Committee on Printing. 








SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 15 


16. Committee on Contingent Accounts and Expenses. 

17. Committee on Amendments of the Constitution. 

18. Committee on Engrossed Resolutions and Ordinances. 

19. Committee on Miscellaneous Matters. 

20. Committee on Order, Style and Revision of the Whole Constitution, to 
consist of fifteen members, to which Committee all matters to be incorpo¬ 
rated in the Constitution shall be referred after action thereupon by the 
Convention. 

21. Committee on Counties and County Government. 

Also a Committee on Rules, to consist of five (5) members, of which the 
President of the Convention shall be ex officio a member. 

On motion of Mr. ALDRICH, the Convention proceeded to the 
allotment of seats to delegates, under Rule 81 of the House of Repre¬ 
sentatives, which resulted as follows : 

Abbeville—Seats Nos, 47, 60, 59, 58, 78, 79. 

Aiken—Seats Nos. 80, 71, 81. 

Anderson—Seats Nos. 122, 123, 115, 116, 106, 107. 

Barnwell—Seats Nos. 19, 20, 21, 30, 29, 28. 

Berkeley — Seats Nos. 121, 124, 132, 133, 136, 140, 81. 

Beaufort—Seats Nos. 90, 143, 142, 99, 141. 

Charleston—Seats Nos. 148, 146, 145, 45, 144, 54, 63, 62, 61. 
Chester—Seats Nos. 14, 15, 16, 17. 

Chesterfield—Seats Nos. 23, 24, 25. 

Clarendon—Seats Nos. 152, 151, 150, 149. 

Colleton—Seats Nos. 64, 65, 55, 56, 57. 

Darlington—Seats Nos. 114, 113, 105, 104. 

Edgefield—Seats Nos. 75, 76, 77, 85, 137, 125. 

Fairfield—Seats Nos. 117, 137, 108, 139. 

Florence—Seats Nos. 95, 96, 86, 87. 

Georgetown—Seats Nos. 128, 8, 9. 

Greenville—Seats Nos. 126, 130, 131, 135, 134, 129. 

Hampton—Seats Nos. 84, 93, 94. 

Horry—Seats Nos. 37, 38, 46. 

Kershaw—Seats Nos. 51, 52, 53. 

Lancaster—Seats Nos. 12, 13, 22. 

Laurens—Seats Nos. 74, 73, 83, 82. 

Lexington—Seats Nos. 118, 119, 120. 

Marion—Seats Nos. 101, 100, 91, 92. 

Marlboro—Seats Nos. 112, 111, 102, 103. 

Newberry—Seats Nos. 110, 109, 10, 11. 

Oconee—Seats Nos. 4, 5, 6. 

Orangeburg—Seats Nos. 39, 40, 41, 48, 50, 49. 



16 


JOURNAL OF PROCEEDINGS, 


Pickens—Seats Nos. 1, 2, 3. 

Richland—Seats Nos. 66, 67, 68, 69, 70. 

Spartanburg—Seats Nos. 158, 159, 156, 157, 155, 154, 160. 

Sumter—Seats Nos, 33, 34, 35, 42, 43, 44. 

Union—Seats Nos. 153, 72, 31, 32. 

Williamsburg—Seats Nos. 97, 98, 89, 88. 

York—Seats Nos. 18, 147, 26, 27, 36. 

Mr. EFIRD offered the following resolution, which, on motion of 
Mr. SHEPPARD, was ordered to lie oyer for consideration until 
to-morrow: 

Besolved, That the following Committees are hereby authorized, in their 
discretion, to employ each a clerk, who shall receive the same per diem as 
the members of this Convention, to wit: Committees on Legislative 
Department, on Executive Department, on Judicial Department, on Right 
of Suffrage, on Finance and Taxation, on Education, on Corporations, on 
Municipal Corporations and Police Regulations, on Counties and County 
Government. 

Besolved, also, That such clerks, when not engaged in their respective 
Committees, shall be subject to the order of the Secretary of the Conven¬ 
tion, and shall be required under such Clerk to do the engrossing for the 
Convention. 

On motion of Mr. SHEPPARD, the Convention adjourned at 3 
P. M. to meet at 11 o'clock A. M. to-morrow. 


SECOND DAY. 


Wednesday, September 11,1 895. 


The Secretury called the roll. 

The PRESIDENT assumed the chair. 

A quorum being present, the proceedings were opened with prayer 
by the Rev. Mr. Abney. 

No provision having been made for the Convention printing, the 
reading of the Journal of yesterday was postponed until to-morrow. 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 17 


APPOINTMENTS. 

The PRESIDENT announced the following appointments : 

Assistant Secretary—P. L. Melton. 

Journal Clerk—J. T. Gantt. 

Doorkeeper—R. M. Jolly. 

Assistant Doorkeeper—Joseph Witherspoon. 

Gallery Doorkeeper—W. J. Shelton. 

Postal Clerk—E. P. Jenkins. 

Pages—Glenn Smith, Joseph Robinson, J. B. Hughes, Belton 
Drafts Caughman, J. W. McCalla, U. R. Brooks, Jr. 

Laborers—W. W. Lazenberry, West Oliphant. 

RESOLUTIONS. 

Mr. D. S. HENDERSON— 

A resolution relating to the granting of divorces in this State. 

Which was read the first time and referred to the Legislative Com¬ 
mittee. 

Mr. EEIRD— 

A resolution relating to the right of suffrage. 

Which was read the first time and referred to the Committee on 
Suffrage. 

Mr. D. S. HENDERSON— 

A resolution as to the oaths to be taken by all the officers to be 
elected or appointed. 

Which was read the first time and referred to the Judiciary 
Committee. 

Mr. D. S. HENDERSON— 

A resolution relating to trial by jury and the compensation of 
juries. 

Which was read the first time and referred to the Judiciary Com¬ 
mittee. 

Mr. D. S. HENDERSON— 

A resolution as to the exercise of suffrage in the cities, towns and 
villages of the State. 

Which was read the first time and referred to the Committee on 
Municipal Corporations and Police Regulations. 

Mr. HUTSON— 

A resolution relating to the rights of married women. 

Which was read the first time and referred to the Committee on 
Legislative Department. 





18 


JOURNAL OF PROCEEDINGS, 


Mr. GEORGE E. PRINCE— 

A resolution relating to the formation of new counties. 

Which was read the first time and referred to the Committee on 
County Government. 

Mr. RUSSELL— 

A resolution relating to the public printer and printing. 

Which was read the first time and referred to the Committee on 
Printing. 

Mr EFIRD— 

A resolution relating to counties and county government. 

Which was read the first time and referred to the Committee on 
County Government. 

Mr. D. S. HENDERSON— 

A resolution as to the cost of reporting stenographically the pro¬ 
ceedings of this Convention. 

Which was read the first time and referred to the Committee on 
Printing. 

Mr. GRAY offered the following resolution, which was considered 
immediately and agreed to: 

Besolved, That the Secretary of the Convention be authorized and re¬ 
quired to furnish for the use of the Convention and the several committees 
such stationery as may be necessary. The amount so to be furnished not 
to exceed one hundred and fifty dollars. 

Mr. GRAY offered the following resolution, which was considered 
immediately and agreed to: 

Besolved , That the State Printer be requested to print the necessary pro¬ 
ceedings of the Convention at the same scale of prices paid him for Legis¬ 
lative printing, until a permanent award of the printing for the Convention 
shall be made. 

Mr. SHEPPARD offered the following resolution: 

Besolved, That the members of this Convention shall receive as compen¬ 
sation two ($2.00) dollars per diem during the session of the Convention and 
five cents per mile coming to and returning from the same. 

Mr. ROGERS moved to amend by striking out $2.00 and inserting 
$4.00. 

After debate, participated in by Messers. Burn, Ellerbe, Timmer¬ 
man, Prince, Watson, McCalla, Clayton and others, 

Mr. CLAYTON moved to lay the amendment on the table. 

Mr. ELLERBE demanded the yeas, and nays. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 19 


The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 109; nays, 38. 

'Those who voted in the affirmative are : 

Messrs. Aldrich, Alexander, Ashe, Atkinson, Bates, Behre, Berry, 
Bowen, Bowman, Bradham, Breazeale, J. S. Brice, T. W. Brice, Bryan, 
Buist, Burn, Byrd, Cantey, Clayton, Cooper, Dennis, Dent, Derham, 
Douglass, Doyle, Efird, Ellerbe, Estridge, W. D. Evans, Field, Eloyd, 
Fraser, Gamble, Garris, Gary, Gilland, J. P. Glenn, Gooding, Gra¬ 
ham, Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, D. S. 
Henderson, Wm. Henderson, Henry, Hiers, Hodges, Houser, Hutson, 
Irby, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, J. W. Ken¬ 
nedy, Lee, Lowman, McCown, MeDermotte, McKagen, McMahan, 
McWhite, Matthews, Meares, Mitchell, Moore, Morrison, Mower, Nash, 
Nathans, Nicholson, Oliver, Otts, Parler, Patterson, Patton, Peake, 
Prince, Ragsdale, Rosborough, Rowland, Russell, Sheppard, Shuler, 
Singletary, Sloan, A. J. Smith, Jeremiah Smith, R. F. Smith, W. C. 
Smith, Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, B. 
R. Tillman, G. D. Tillman, Timmerman, Watson, Wells, Wharton, 
A. IT. White, S. E. White, Wiggins, Stanyarne Wilson, W. B. Wilson 
and Winkler.—111. 

Those who voted in the negative are: 

Messrs. Anderson, Austin, Barker, Barry, Barton, Bobo, DeHay, 
Dudley, Farrow, Fitch, Gage, J. L. Glenn, Hemphill, Howell, Jervey, 
T. E. Johnson, E. J. Kennedy, Klugh, McOalla, McCaslan, McGowan, 
McMakin, J. D. Montgomery, W. J. Montgomery, Murray, Parrott, 
Perritte, J. H. Read, Redfearn, Rogers, Scarborough, Sligh, Smalls, 
Taylor, VonKolnitz, Waters, Wigg and Woodward.—38. 

So the Convention agreed to table the amendment, and the resolu¬ 
tion of Mr. Sheppard was agreed to. 

Mr. ALDRICH moved that a temporary rule be adopted that a 
motion to lay on the table shall not cut off debate, which was agreed 
to. 

Mr. STANYARNE WILSON moved that when the Convention 
adjourn it stand adjourned till 11 A. M. to-morrow. 

Mr. BUIST moved to amend by inserting 10 instead of 11 A. M. 

Mr. GEO. JOHNSTONE moved as a substitute, that when the 
Convention adjourn that it stand adjourned till 12 M. to-morrow. 

The PRESIDENT announced the following standing committees: 



20 


JOURNAL OF PROCEEDINGS, 


Declaration of Rights. 

Mr. J. L. M. Irby. 

Mr. J. E. Ellerbe. 

Mr. J. 0. Byrd. 

Mr. J. S. Canfcey. 

Mr. J. M. Sullivan. 

Mr. W. H. Timmerman. 
Mr. Geo. S. Mower. 

Mr. Geo. von Kolnitz. 

Mr. F. P. Taylor. 

Mr. W. T. Bobo. 

Mr. W. R. Singletary. 


Executive. 

Mr. C. M. Efird. 

Mr. J. Walter Gray. 
Mr. M. P. Howell. 

Mr. J. C. Klugh. 

Mr. L. S. Connor. 

Mr. J. N". Estridge. 

Mr. J. T. Douglass. 
Mr. R. D. Lee. 

Mr. A. J. Smith. 

Mr. G. W. Ragsdale. 
Mr. J. H. Scarborough. 


Legislative Department. 

Mr. J. A. Sligh. 

Mr. John 0. Sheppard. 
Mr. B. B. McWhite. 

Mr. S. E. White. 

Mr. H. B. Buist. 

Mr. W. L. Rosborougli. 
Mr. J. N. Parrott. 

Mr. T. M. Gilland. 

Mr. Geo. D. Tillman. 

Mr. G. W. Gage. 

Mr. J. D. McDermott. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 21 


Judicial. 

Mr. Stanyarne Wilson 
Mr. Robert Aldrich. 
Mr. J. E. Breazeale. 
Mr. Geo. Johnstone. 
Mr. I. W. Bowman. 
Mr. Theo. G. Barker. 
Mr. W. C. McGowan. 
Mr. C. L. Winkler. 
Mr. C. H. Peake. 

Mr. G. W. Gage. 

Mr. W. J. Stribling. 


Jurisprudence. 

Mr. G. Duncan Bellinger. 
Mr. E. J. Dennis. 

Mr. Frank B, Gary. 

Mr. A. S. Farrow. 

Mr. C. H. Peake. 

Mr. R. D. Lee. 

Mr. J. Lyles Glenn. 

Mr. W. M. Fitch. 

Mr. J. 0. Klugh. 

Mr. T. I. Rogers. 

Mr. Geo. Johnstone. 


Eminent Domain. 

Mr. D. H. Russell. 

Mr. H. H. Murray. 

Mr. J. F. Ashe. 

Mr. Geo. P. McKagen. 
Mr. Jos. Oliver. 

Mr. C. H. Peake. 

Mr. J. B. Dent. 

Mr. F. P. Woodward. 
Mr. E. J. Kennedy. 
Mr. D. J. Bradham. 
Mr. Isaiah J. Reed. 



22 


JOURNAL OF PROCEEDINGS, 


Impeachment. 

Mr. M. R. Cooper. 

Mr. J. T. Hay. 

Mr. G. J. Graham. 

Mr. R. P. Stackhouse. 
Mr. J. L. Shuler. 

Mr. J. A. McDermott. 
Mr. E. H. Houser. 

Mr. A. S. Waters. 

Mr. Geo. von Kolnitz. 
Mr. G. W. Ragsdale. 
Mr. R. B. Anderson. 


Rights of Suffrage. 

Mr. B. R. Tillman. 

Mr. A. ^H. Patterson. 

Mr. J. P. K. Bryan. 

Mr. R. H. Hodges. 

Mr. C. W. Garris. 

Mr. D. J. Bradham. 

Mr. H. J. Haynsworth. 
Air. L. D. Harris. 

Air. W. G. McGowan. 

Air. 0. J. C. Hutson. 

Air. M. 0. Rowland. 

Finance and Taxation. 

Mr. W. D. Evans. 

Mr. G. E. Prince. 

Air. W. J. Talbert. 

Air. J. P. Derham. 

Mr. J. H. Wharton. 

Mr. F. P. Woodward. 

Mr. Jos. L. Keitt. 

Air. 0. R. Lowman. 

Mr. T. J. Cunningham. 
Mr. C. A. Barry. 

Mr. E. J. Dennis. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 23 


Education - . 

Mr. Julian Mitchell. 
Mr. R. B. Watson. 

Mr. E. H. Houser. 

Mr. R. L. Gunter. 

Mr. Geo. S. Mower. 

Mr. H. C. Patton. 

Mr. A. H. Patterson. 
Mr. John J. McMahan. 
Mr. T. I. Rogers. 

Mr. E. L. Lybrand. 

Mr. E. J. Kennedy. 


Charitable and Penal Institutions. 

Mr. W. J. Gooding. 

Mr. J. P. Glenn. 

Mr. T. J. Cunningham. 

Mr. 0. M. Doyle. 

Mr. H. C. Burn. 

Mr. W. T. Bowen. 

Mr. J. H. Read. 

Mr. J. M. Sprott. 

Mr. Sheppard Nash. 

Mr. S. W. Gamble. 

Mr. Jeremiah Smith. 


Municipal Corporations and Police Regulations. 

Mr. D. S. Henderson. 

Mr. W. C. Smith. 

Mr. W. F. Clayton. 

Mr. J. N. Nathans. 

Mr. W. A. Nicholson. 

Mr. G. G. Wells. 

Mr. Wilie Jones. 

Mr. J. D. Montgomery. 

Mr. J. T. Hay. 

Mr. J. Perry Glenn. 

Mr. R. A. Meares. 



24 


JOURNAL OF PROCEEDINGS, 


CORPORATION'S. 

Mr. J. W. Stokes. 

Mr. G. D. Bellinger. 
Mr. J. L. Shuler. 

Mr. W. B. Wilson. 

Mr. Geo. H. Bates. 

Mr. L. E. Parler. 

Mr. Ira B. Jones. 

Mr. J. D. Montgomery. 
Mr. Hugh M. Barton. 
Mr. Jeremiah Smith. 
Mr. T. E. Dudley. 


Militia. 

Mr. J. W. Floyd. 
Mr. J. C. Otts. 

Mr. J. B. Wiggins. 
Mr. Jos. Oliver. 

Mr. D. H. Behre. 
Mr. J. P. Derham. 
Mr. 0. R. Lowman. 
Mr. A. J. Smith. 
Mr. J. W. Gray. 

Mr. Robert Smalls. 
Mr. Sheppard Nash. 


Contingent Accounts and Expenses. 

Mr. W. T. Field. 

Mr. A. H. White. 

Mr. W. A. Nicholson. 

Mr. J. N. Nathans. 

Mr. R. L. Gunter. 

Mr. R. C. McMakin. 

Mr. H. B. Buist. 

Mr. F. P. Taylor. 

Mr. J. L. Keitt. 

Air. M. M. Fitch. 

Air. J. J. McMahan. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 25 


Printing. 

Mr. R. R. Hemphill. 

Mr. D. H. Behre. 

Mr. W. F. Clayton. 

Mr. John B. Bent. 

Mr. J. W. Hamel. 

Amendments. 

Mr. J. B. Morrison. 

Mr. C. M. Hiers. 

Mr. A. J. Perritt. 

Mr. G. J. Graham. 

Mr. A. S. Waters. 

Mr. J. S. Brice. 

Mr. R. F. McCaslan. 

Mr. E. F. Matthews. 

Mr. R. 0. Atkinson. 

Mr. R. M. McCown. 

Mr. AV. J. Whipper. 

Engrossed Resolutions and Ordinances. 

Mr. W. J. Montgonery. 

Mr. R. M. McCown. 

Mr. Wm. Henderson. 

Mr. A. S. Farrow. 

Mr. M. P. Howell. 

Mr. I. W. Bowman. 

Mr. T. E. Dudley. 

Mr. H. H. Murray. 

Mr. L. E. Parlor. 

Mr. T. M. Gilland. 

Mr. Thos. Miller. 

Rules. 

Mr. J. G. Evans, ex officio. 

Mr. Ira B. Jones. 

Mr. J. C. Sheppard. 

Mr. C. W. Garris. 

Mr. J. E. Breazeale. 



26 


JOURNAL OF PROCEEDINGS, 


Miscellaneous Matters. 

Mr. John T. Sloan. 

Mr. W. H. Timmerman. 

Mr. W. E. Carver.^ 

Mr. J. C. Alexander. 

Mr. T. W. Brice. 

Mr. A. H. DeHay, 

Mr. W. St. J. Jervey. 

Mr. A. H. White. 

Mr. James Wigg. 

Mr. R. F. Smith. 

Mr. E. B. Berry. 

Counties and County Government. 

Mr. J. T. Austin. 

Mr. Geo. D. Tillman. 

Mr. F. B. Gary. 

Mr. E. N. Redfearn. 

Mr. A. K. Smoak. 

Mr. T. E. Johnson. 

Mr. J. W. Kennedy. 

Mr. J. O. A. Moore. 

Mr. J. C. Otts. 

Mr. A. J. Harrison. 

Mr. R. R. Stackhouse. 

Order, Style and Revision. 

Mr. T. B. Fraser. 

Mr. B. R. Tillman. 

Mr. Stanyarne Wilson. 

Mr. C. M. Efird. 

Mr. J. W. Stokes. 

Mr. Julian Mitchell. 

Mr. D. S. Henderson. 

Mr. J. L. M. Irby. 

Mr. Robert Aldrich. 

Mr. C. J. C. Hutson. 

Mr. J. E. Ellerbe. 

Mr. I. H. McCalla, 

Mr. R. R. Hemphill. 

Mr. H. Cowper Patton. 

Mr. W. J. Gooding. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 27 


Mr. GEORGE JOHNSTONE offered the following Resolution, 
which was considered immediately and agreed to : 

Resolved, That the President of this Convention he requested to make 
arrangements for prayer at the opening of the sessions of the Convention. 

On motion of Mr. ST ANY ARNE WILSON, the Convention ad¬ 
journed at 2:20 P. M. until 12 M. to-morrow. 


THIRD DAY 


Thursday, September 12, 1895. 


The Convention assembled at 12 o’clock M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 
REPORTS. 

Mr. SHEPPARD, in behalf of the Committee on Rules, submitted 
a report and asked its immediate consideration. 

To the President and Members of the Convention: 

The Committee on Rules respectfully submit the following report: 
That they have carefully considered the matter of Rules which should be 
adopted for the government of the Convention; and they respectfully recom¬ 
mend the adoption of the Rules hereto attached. 

All of which is respectfully submitted. 


JNO. GARY EVANS, 
IRA B. JONES, 

J. C. SHEPPARD, 

C. W. GARRIS, 

J. E. BREAZEALE. 









28 


JOURNAL OF PROCEEDINGS, 


CHAPTER I. 


THE POWERS AND DUTIES OF THE PRESIDENT AND VICE-PRESIDENTS. 

Rule I. The President shall take the chair each day at the hour to which 
the Convention shall have adjourned and shall call the Convention to 
order. The Secretary shall call the roll of the Convention, and if a quorum 
he present the President shall proceed to business in the manner prescribed 
by these Rules. The Convention shall meet at 11 A. M. each day, except 
Sunday, until otherwise ordered. 

Rule II. He shall possess the power to discharge the duties herein pre¬ 
scribed : 

1st. He shall preserve order and decorum, and in debate shall prevent 
personalities, and confine the members to the question under discussion. 

2nd. He shall accord the floor to the member who first rises at his seat and 
addresses him; when two or more members rise at the same time, he shall 
name the one entitled to the floor. 

8d. He shall decide all questions of order, subject to appeal to the Con¬ 
vention. On every appeal he shall have the right in his place to assign his 
reason for his decision. 

4th. He shall appoint all committees except where the Convention shall 
otherwise order. 

5th. He may appoint any member to perform the duties of the Chair dur¬ 
ing the absence or inability of the Vice-Presidents to act. Whenever the 
Convention shall go into committee of the whole he shall name a Chairman 
to preside therein, subject to the right of the committee to elect its own 
Chairman. 

6th. He shall have the control of the corridors and galleries; in case of 
disturbance or disorderly conduct in the galleries, corridors or passages he 
shall have the power to order the same to be cleared, and may cause any 
person guilty of such disturbance or disorderly conduct to be brought 
before the bar of the Convention. In all such cases the Convention may 
take such measures as shall be deemed necessary to prevent a repetition of 
such misconduct or for the punishment of the offender. 

7tli. He shall be entitled to the privileges of debate and to vote upon all 
questions before the Convention; if with his vote there shall be a tie, the 
question shall be deemed lost. Whenever a vote shall be taken by yeas 
and nays, the name of the President shall be called last. 

8th. He shall be ex officio Chairman of the Committee on Rules. 

9th. In the absence of the President, or his inability to preside, the duties 
of his office shall devolve upon one of the Vice-Presidents, to be named by 
him. 


CHAPTER II. 


ORDER of business. 

Rule III. The first business of each day’s session after the calling of the 
roll of the Convention shall be the reading of the Journal of the preceding 
day and the correction of the errors that may be found to exist therein. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 29 


The reading of the Journal may he dispensed with upon the order of the 
Convention. Immediately thereafter, except when otherwise ordered, the 
order of business shall be as follows: 

1st. Presentation of memorials. Under this head shall be included peti¬ 
tions or communications from individuals and from public bodies. 

2nd. Notices, motions, resolutions, ordinances and propositions for revis¬ 
ing, amending or changing the Constitution to be called for from counties 
alphabetically; provided that the alphabetical call may be dispensed with. 

3rd. Report of standing committees. 

4th. Report of special committees. 

5th. Unfinished business. 

6th. Special orders. 

7th. General orders ; under which shall be included third reading of pro¬ 
posed amendments to the Constitution. 

8th. Report from the Committee on Engrossed Resolutions may be re¬ 
ceived under any order of business; except that no such report shall be 
made while the yeas and nays are being called, or while a member is ad¬ 
dressing the Convention. 


CHAPTER III. 


RIGHTS AND DUTIES OF MEMBERS. 


Rule IV. Petitions, memorials, resolutions, and any other papers ad¬ 
dressed to the Convention, may be presented by any member in his place, 
read by their titles and referred to the proper committee ; except that any 
resolution, not involving an amendment to the Constitution, may be con¬ 
sidered immediately, unless ten members object. 

Rule V. Any member presenting a paper shall endorse the same with 
his name, the title, and a concise statement of the subject matter to which 
it relates. A report of a committee may be endorsed with a statement of 
such report, together with the name of the committee making the report, 
and shall be signed by the Chairman, or other member of the committee 
acting as such. 

Rule VI. Every member who shall be within the bar of the Convention 
when a question is stated from the Chair shall vote thereon, unless he be 
excused by the Convention, or unless he be directly interested in the ques¬ 
tion. If a member be absent when a vote is taken, he may be permitted to 
state how he would have voted had he been present, and the statement may 
be entered in the Journal. 

Rule VII. Any member requesting to be excused from voting may make, 
when his name is called, a brief statement of the reason for making such 
request, and the Convention without debate shall decide if it will grant 
such request; nothing herein shall abridge the right of a member to record 
his vote on any question previous to the announcement of the result by 
the Chair. 

Rule VIII. No member rising to debate, give a notice, make a motion, 
or present a paper of any kind, shall proceed until he shall have addressed 
the President, and been recognized by him as entitled to the floor. While 
the President is putting a question, or a count is being made, no member 
shall speak or leave his place. 




30 


JOURNAL OF PROCEEDINGS, 


CHAPTER IV. 

ORDER AND DEBATE. 

Rule IX. No person shall speak more than once on the same question 
until other members desiring to speak on such question shall have spoken; 
nor more than twice without leave of the Convention. 

Rule X. If any person in speaking transgress the rules of the Conven¬ 
tion, the President shall, or any member may, call him to order, in which 
case the member so called to order shall immediately sit down, and shall 
not speak again unless to explain or to proceed after the matter shall have 
been adjusted. 

Rule XI. All questions relating to the priority of one question or subject 
matter over another, or the postponement of any special order, or the sus¬ 
pension of any Rule, shall be decided without debate. 

Rule XII. Each member shall be furnished daily with a calendar, which 
shall contain a list of the unfinished business, sjjecial orders, and general 
orders, and each matter to be included thereon to be given by its title, and 
each to be numbered according to its order. 

Rule XIV. Any matter may be made a special order for any particular 
day by the order of the Convention. 

Rule XV. After a motion shall be stated by the President, it shall be 
deemed in the possession of the Convention, but may be withdrawn at any 
time before it shall be amended or decided. 

CHAPTER V. 

MOTIONS AND THEIR PRECEDENCE. 

Rule XVI. When a matter is under consideration, the following motions 
only shall be received, which motions shall have precedence in the order 
stated, namely : Motions to or for— 

1st. Adjourn for the day. 

2nd. Recess. 

3rd. Call of the Convention. 

4th. Previous question. 

5th. Lay on the table. 

6th. Postpone indefinitely; or to a day certain. 

7th. To commit. 

8th. To amend. 

Rule XVII. Motion to adjourn or to take a recess shall always be in 
order. 

Rule XVIII. No amendment or motion shall be received while an amend¬ 
ment is pending, unless it be an amendment to an amendment and germane 
to the subject. 

Rule XIX. A motion to reconsider any vote must be made on the same 
day on which the vote proposed to be reconsidered was taken, or on the 
next succeeding day, and by a member who voted with the prevailing side, 
if the vote was taken by yeas and nays; if the vote was not taken by yeas 
and nays, any member may move to reconsider. When a motion for recon¬ 
sideration is decided, such decision shall not be reconsidered, and no ques¬ 
tion shall be twice reconsidered. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 31 


Rule XX. The following motions shall be decided without debate; but 
the President in his discretion may indulge a brief statement in reference to 
either of them: 

1st. To adjourn. 

2d. For recess. 

3d. To lay on the table. 

4th. For the previous question. 

Rule XXI. The yeas and nays may be ordered upon the demand of ten 
members. 

Rule XXII. The previous question may be ordered upon the demand of 
a majority of the members present. 

CHAPTER VI. 

THE CONVENTION HALL AND PRIVILEGES OF ADMISSION. 

Rule XXIII. The following classes of persons, besides officers and mem¬ 
bers of the Convention, shall be entitled to admission to the floor of the 
Convention during the session thereof: 

1st. Governor, Lieutenant-Governor and ex-Governors of the State. 

2d. Judges of the Supreme Court and of the Circuit Courts. 

3d. Members of the Senate and House of Representatives. 

4th. State officials. 

5th. United States Senators and members of Congress from South Caro¬ 
lina. 

6th. Representatives of the press. 

No other persons shall be admitted to the floor during the session, ex¬ 
cept upon the permission of the President in writing or by vote of the Con¬ 
vention. 


CHAPTER VII. 

PROPOSED AMENDMENTS TO THE CONSTITUTION. 

Rule XXIV. No resolution for revising, amending or changing the Con¬ 
stitution shall be introduced in the Convention, except in one of the follow¬ 
ing modes, viz.: 

First. Under the order of introduction of resolutions for amendment by 
Counties alphabetically—as prescribed in Rule three. 

Second. By report of a Committee. 

Rule XXV. The title of each resolution for revising, amending or chang¬ 
ing the Constitution shall state concisely its subject matter; and shall state 
the article and section of the present Constitution, as far as practicable, to 
which it relates. 

Rule XXVI. Every resolution for revising, amending or changing the 
Constitution shall receive three separate readings previous to its final adop¬ 
tion, and the third reading shall be on a day subsequent to the day on which 
it received its second reading. 

Rule XXVII. All resolutions for revising, amending or changing the 
Constitution after their first reading, which may be by title only, shall be 
referred to a standing or special committee for consideration. The report 
of the committee shall embody the article of the Constitution proposed by 


» 



32 


JOURNAL OF PROCEEDINGS, 


it for adoption, which report shall he printed and placed on the desks of the 
members before it shall be considered. No other matter shall be printed 
except by order of the Convention. 

Rule XXVIII. Resolutions for a second reading” shall be placed on the 
calendar, and shall be considered in connection with the report of the com¬ 
mittee thereon; after due consideration of the resolution, and the report of 
the committee thereon, the question shall be: “ Shall this resolution be 
ordered for a third reading”?” which question being- decided in the negative, 
the resolution shall be rejected; but if the question is decided in the affirma¬ 
tive, the resolution shall be ordered engrossed for a third reading. 

Rule XXIX. No resolution for revising, amending or changing the Con¬ 
stitution shall be put upon its third reading until it shall have been reported 
by the Committee on Engrossed Resolutions as correctly revised and en¬ 
grossed, unless by unanimous consent. 

Rule XXX. When a resolution for revising, amending or changing the 
Constitution shall have been read the third time, the question shall be— 
“Shall this resolution be adopted?” If this question be decided in the 
negative, the resolution shall be rejected; but if the question is decided in 
the affirmative, the resolution shall be referred to the Committee on Style 
and Revision of the Constitution. 

Rule XXXI. On the third reading of a resolution for revising, amending 
or changing the Constitution no amendment shall be in order other than to 
till blanks, except by a vote of two-thirds of the members present. 

Rule XXXII. A register shall be kept by the Secretary of all resolutions 
for revising, amending or changing the Constitution introduced in the Con¬ 
vention, in which shall be recorded, under appropriate heads, the progress 
of such proposed amendments from the date of their introduction to the 
time of their final disposition. 

On motion of Mr. W. D. EVANS, Chapter VII was recommitted to 
the Committee on Rules. 


CHAPTER VIII. 

GENERAL RULES AND REGULATIONS. 

Rule XXXIII. Equivalent motions, resolutions or amendments shall not 
be entertained. If a question contains several distinct propositions, the 
same may be divided by the order of the Convention; but a motion to 
“strike out and insert” shall not be divisible. 

Rule XXXIV. When a blank is to be filled, and different sums or times 
shall be proposed, the question shall be first taken on the highest sum and 
the longest time. 

Rule XXXV. A majority of the Convention shall constitute a quorum 
for the transaction of business; but a smaller number may take such action 
as may be necessary to secure the attendance of absent members by a “call 
of the Convention,” or otherwise. When a “call of the Convention” shall 
be ordered no business shall be transacted until further proceedings under 
the call shall be dispensed with. 

Rule XXXVI. It shall be the duty of the Secretary of the Convention to 
keep the Journal of each day’s proceedings, which shall be printed and laid 
on the tables of members on the morning after its adoption. In addition to 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 33 


his other duties he shall prepare and supervise the printing of the calendar 
of the orders of the day, and cause them to he placed on the tables of the 
members before the beginning of each day’s session. 

Rule XXXVII. A motion “to lay on the table” an amendment being 
agreed to shall not have the effect of disposing of the principal question or 
motion. 

Rule XXXVIII. Whenever the previous question shall be ordered, the 
Chairman of the committee by which the matter was reported, and the 
mover of the matter under consideration, shall each be entitled to one hour 
for debate; which time may be consumed by them respectively, or distri¬ 
buted by them among others, as they may elect. In such cases, the Chair¬ 
man of the committee shall be entitled to the reply. 

Rule XXXIX. Whenever a question shall arise to which none of the 
foregoing rules are applicable, the same shall be disposed of according to 
the rules of practice prescribed by Cushing. 

Rule XL. Any of the foregoing rules may be suspended by unanimous 
consent; and may be amended or rescinded by a vote of two-thirds of the 
members present, of which motion to amend or rescind one day’s notice 
shall be given. 

Rule XLI. At a reasonable time before the final adjournment of the Con¬ 
vention, to be determined by the Convention, the Committee on the Style 
and Revision of the Whole Constitution shall have accurately engrossed 
and enrolled the new Constitution entire, and the same shall be reported 
by said committee to the Convention, read through—Article by Article, 
Section by Section—and submitted to a final vote of the Convention prior 
to its final adjournment. If, upon such final vote, a majority of the mem¬ 
bers present shall vote in the negative, the proposed new Constitution 
shall be rejected ; but if a majority of the members present shall vote in 
the affirmative, the same shall be adopted. In testimony whereof, the 
President and Vice-Presidents, Secretary, and each member present shall 
sign their names thereto, the signatures of a majority of the members 
present—if a majority of the whole Convention—shall constitute a sufficient 
attestation. 

Mr. RAGSDALE objected to the immediate consideration. 

Mr. SHEPPARD moved that the report be printed and laid on the 
desks of the members and made a special order for to-morrow immedi¬ 
ately after the reading of the Journal. 

The motion was adopted 

Mr. SHEPPARD, from the Committee on Rules, submitted the 
following report, which was considered immediately and agreed to: 

To the President and Members of the Convention: 

The Committee on Rules respectfully report— 

That they have carefully considered the matter of engrossing, for which 
provision has been made, and they respectfully submit the following sug¬ 
gestions : 

1. That the President appoint an engrossing clerk who shall be in charge 
of the engrossing department, and who shall be responsible, under the 
3—500 



34 


JOURNAL OF PROCEEDINGS, 


supervision of the Committee on Engrossed Resolutions and Ordinances, 
for the promptness and correctness of all engrossing and enrolling that 
may be ordered by the Convention. 

2. That each of the following committees shall appoint one clerk, to 
wit: 

The Committee on Counties and County Government. 

The Committee on Declaration of Rights. 

The Committee on Legislative Department. 

The Committee on the Executive Department. 

The Committee on the Judicial Department. 

The Committee on Right of Suffrage. 

The Committee on Finance and Taxatioh. 

The Committee on Education. 

The Committee on Miscellaneous Matters. 

3. That each of the said Clerks shall attend the sessions of the said re¬ 
spective committees whenever called upon by the Chairman thereof, and 
perform such service as may be required by the said committees. And in 
addition to such service shall be subject to the orders and direction of the 
Engrossing Clerk, and shall, under his supervision, promptly and accu¬ 
rately engross all orders, ordinances or other matter that may be ordered 
engrossed. 

4. That all matters ordered to be engrossed or enrolled shall be delivered 
to the Engrossing Clerk, and it shall be his duty to keep a correct register of 
all matters that shall be thus delivered to him, and after the same shall be 
correctly engrossed shall be delivered to the Chairman of the Committee 
on Engrossed Resolutions and Ordinances. 

All of which is respectfully submitted. 

JNO GARY EVANS, 
IRA B. JONES, 

J. C. SHEPPARD, 

C. W. GARRIS, 

J. E. BREAZEALE. 

Mr. SLIGH, Chairman of the Committee on Legislative Depart¬ 
ment, submitted the following report, which was considered imme¬ 
diately and agreed to: 

The Committee on Legislative Department, to whom was referred the 
resolution on granting divorces, and also the resolution in regard to the 
rights of married women incident to property, respectfully report that 
they have carefully considered the same, and recommend that both of 
these resolutions be referred to the Committee on Miscellaneous Matters. 

All of which is respectfully submitted. 

J. A. SLIGH, Chairman of Committee. 

Mr. HUTSON asked the consent of the Convention to withdraw 
from the files of the Convention his resolution relating to married 
women ; which was granted. 

Mr. MILLER presented the contest papers of James Thorpe et al., 
contestants, vs. T. M. Gilland et al., contestees \ which was referred 
to the Committee on the Right of Suffrage and Elections. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 35 


Mr. ALDRICH introduced draft of a Constitution, which he 
moved be printed and referred to appropriate committees. 

After debate by Messrs. Efird, W. D. Evans, Aldrich, McCalla, 
Patton and others, 

Mr. CLAYTON moved to lay the motion to print on the table; 
which was agreed to. 

Mr. ALDRICH moved to refer the draft of a Constitution to the 
Committee on Judicial Department, with instructions to refer the 
various sections to the proper committees ; which was agreed to. 

ORDINANCES. 

Mr. G. D. TILLMAN— 

An ordinance to establish a new judicial and election eounty from 
a portion of the territory of Edgefield county, to be called “ Saluda.” 

Which was read the first time and referred to the Committee on 
Counties and County Government. 

Mr. B. R. TILLMAN— 

An ordinance to establish a new judieial and election county from 
portions of the territory of Abbeville and Edgefield counties, to be 
known as “ Mart Gary” county. 

Which was read the first time and referred to the Committee on 
Counties and County Government. 

Mr. GAGE— 

An ordinance to prohibit the creation of corporations, except under 
general laws. 

Which was read the first time and referred to the Committee on 
Corporations. 

Mr. GAGE— 

An ordinance to prohibit special legislation. 

Which was read the first time and referred to the Committee on 
Legislative Department. 

RESOLUTIONS. 


Mr. GRAY— 

A resolution relating to commutations of sentence, pardons, etc. 
Which was read the first time and referred to the Committee on 
Executive Department. 

Mr. BATES— 

A resolution relating to corporations. 

Which was read the first time and referred to the Committee on 
Corporations. 



36 


JOURNAL OF PROCEEDINGS, 


Mr. SULLIVAN— 

A resolution prohibiting railroad corporations from consolidating 
with or controlling competing or parallel lines. 

Which was read the first time and referred to the Committee on 
Corporations. 

Mr. HUTSON— 

A resolution to define the rights of married women as to property. 

Which was read the first time and referred to the Committee on 
Judicial Department. 

Mr. DUDLEY— 

A resolution to prohibit divorce from bond of matrimony. 

Which was read the first time and referred to the Committee on 
Miscellaneous Matters. 

Mr. McWHITE— 

A resolution to provide a public school fund and the distribution 
of the same and to provide for separate schools. 

Which was read the first time and referred to the Committee on 
Education. 

Mr. BATES— 

A resolution in reference to existing laws. 

Which was read the first time and referred to the Committee on 
Miscellaneous Matters. 

Mr. PRINCE— 

A resolution relating to homestead and exemptions. 

Which was read the first time and referred to the Committee on 
Legislative Department. 

Mr. FIELD— 

A resolution to prevent the State lending its credit except for 
certain purposes. 

Which was read the first time and referred to the Committee on 
Finance and Taxation. 

Mr. RAGSDALE— 

A resolution relating to the veto power of the Governor as to hills 
appropriating money from the Treasury. 

Which was read the first time and referred to the Committee on 
Executive Department. 

Mr. OTTS— 

A resolution to prevent the aiding of any railroad or other corpora¬ 
tion by counties, cities, towns $nd other municipal corporations sub¬ 
scribing to the capital stock thereof. 

Which was read the first time and referred to the Committee on 
Municipal Corporations and Police Regulations. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 37 


Mr. BUIST— 

A resolution to amend Article 10 of the present Constitution. 

Which was read the first time and referred to the Committee on 
Education. 

Mr. Me WHITE— 

A resolution instructing the Legislature to make provision for the 
pay of managers and clerks of the late election of delegates. 

Which was read the first time and referred to the Committee on 
Contingent Accounts and Expenses. 

Mr. OTTS— 

A resolution to prevent the consolidation of railroad, electric car 
companies, telegraph companies, express companies, telephone com¬ 
panies, and other corporations from consolidating with competing 
or parallel lines. 

Which was read the first time and referred to the Committee on 
Corporations. 

Mr. BUIST— 

A resolution in reference to lotteries in this State. 

Which was read the first time and referred to the Committee on 
Miscellaneous Matters. 

Mr. SULLIVAN— 

A resolution relating to the income tax. 

Which was read the first time and referred to the Committee on 
Finance and Taxation. 

Mr. BUIST— 

A resolution to amend Article XI, Section 1, of the present Consti¬ 
tution. 

Which was read the first time and referred to the Committee on 
Charitable and Penal Institutions. 

On motion of Mr. EFIRD, the Convention adjourned at 1:30 P. M. 
to meet at 1:30 P. M. to-morrow. 



38 


JOURNAL OF PROCEEDINGS, 


FOURTH DAY. 


Friday, September 13, 1895. 


The Convention assembled at 12 o’clock M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. J. C. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 
RESOLUTIONS. 

Mr. HODGES introduced the following resolution, which was read 
the first time and referred to the Committee on Finance and Taxation: 

A Resolution to Impose a Tax of Three Mills for Educational 

Purposes. 

Be it Besolved and Ordained by the people, in Convention assembled, and 
by the authority of the same: 

1. That the General Assembly shall levy a tax of three mills annually 
upon all the taxable property in the State for educational purposes. 

2. That each tax payer shall have the right, at the time of the payment of 
his tax, to indicate to the County Treasurer what school or schools in the 
county the tax paid by him shall be applied and used, but in the distribu¬ 
tion it shall be apportioned among all the school districts according to the 
enrollment of pupils. 

Mr. WHARTON introduced the following resolution, which was 
read the first time and referred to Committee on Judicial Department : 

Resolution to Regulate Elections and Fix the Terms of Officers. 

Besolved, That from and after the date of the next general election for 
State and county officers and members of the General Assembly, elections 
shall take place every four years for all State and county officers, and the 
term for all officers elected at the next general election, as well as those 
thereafter, shall be for the term of four years. 

Mr. J. S. BRICE offered the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 39 


Resolution in Regard to Compensation of Members of General 

Assembly. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the follow¬ 
ing provisions shall constitute Section-, of Article-, of the Constitu¬ 

tion of the State: 

Each member of the General Assembly under this Constitution shall 
receive three dollars per diem while in regular or extra session, and the fur 
ther sum of five cents for every mile of the ordinary route of travel in 
going to and returning from the place where such session is held. 

Mr. HODGES introduced the following resolution, which was read 
the first time and referred to the Committee on Suffrage : 


A Resolution to Make Licensed Ministers of the Gospel Ineligible 
to Hold Office in South Carolina. 

Be it resolved and ordained by the people, in Convention assembled, and 
by the authority of the same, That no licensed minister of the gospel shall 
be allowed to hold any office of honor or trust in South Carolina. 

Mr. FARROW introduced the following resolution, which was 
read the first time and referred to the Committee on Judicial De¬ 
partment: 

Resolution in Reference to the Creation of Courts and the Juris¬ 
diction Thereof, Amending Article 4 of Constitution of the 
State. 

Be it resolved and ordained by the people of the State of South Carolina, 
in Convention assembled, and by the authority of the same, That the fol¬ 
lowing provisions shall constitute Sections of Article of the Con¬ 
stitution of the State : 

Section 1 . There shall be a Supreme Court, Circuit Courts, and County 
Courts. The jurisdiction of these tribunals, except so far as the same is 
conferred by this Constitution, shall be regulated by law. The General 
Assembly may also establish such municipal and other inferior courts as 
may be deemed necessary. 

Section 2. The Supreme Court shall consist of a Chief Justice and two 
Associate Justices, and as many more Associate Justices as may be pro¬ 
vided by law, a majority of whom shall constitute a quorum. They shall 
be elected by a joint vote of the General Assembly for the term of eight 
years, and shall continue in office until their successors shall have been 
elected and qualified. They shall be so classified that not more than one 
Justice shall go out of office at the same time. 

Section 3. The Supreme Court shall have appellate jurisdiction only in 
cases of chancery, and shall constitute a court for the correction of errors 
at law, under such regulations as the General Assembly may by law pre¬ 
scribe : Provided, The said Court, or any Justice thereof, shall always have 
power to issue writs of injunction, mandamus, quo warranto, habeas corpus, 




40 


JOURNAL OF PROCEEDINGS, 


and such other original and remedial writs as may he necessary to give it a 
general supervisory control over all other courts in the State: Provided , 
It shall not have jurisdiction in civil cases where the matter in controversy, 
exclusive of costs, is less in value or amount than one hundred dollars, ex¬ 
cept in controversies concerning the title or boundaries of land, the probate 
of a will, the appointment or qualification of a personal representative, 
guardian, committee, or curator, or concerning a mill, roadway, ferry, or 
landing, or the right of a corporation or of a county to levy tolls or taxes, 
and except in cases of habeas corpus, mandamus, and prohibition, or the 
constitutionality of a law. 

Section 4. The State shall be divided into convenient circuits, and for 
each circuit a Judge shall be elected by joint ballot of the General Assembly, 
who shall hold his office for a term of six years, and during his continuance 
in office he shall reside in the circuit of which he is Judge. 

Section 5. Judges of the Circuit Court shall interchange circuits with 
each other in such manner as may be determined by law. 

Section 6. The Circuit Court shall have exclusive original jurisdiction in 
all matters of equity, and in all cases of divorce; they shall have exclusive 
original jurisdiction of all civil cases at law, except civil cases at law to 
recover personal property or money not of greater value or amount than 
one hundred dollars; they shall have power to issue writs of mandamus, 
prohibition, scire facias, and all other writs which may be necessary for 
carrying their powers fully into effect; they shall have appellate jurisdic¬ 
tion in all such cases, civil and criminal, as may be provided by law. 

Section 7. In each county of the State there shall be a County Court, 
which shall be held monthly by a Judge learned in the law of the State, and 
a licensed practitioner thereof, and to be known as the County Court Judge. 
County Court Judges shall be chosen in the same manner as Judges of the 
Circuit Courts. They shall hold their office for a term of six years, and 
during their continuance in office they shall reside in their respective 
counties. 

Section 8. County Courts shall have jurisdiction in all matters testa¬ 
mentary, and of administration, in business appertaining to minors, and the 
allotment of dower, in cases of idiocy and lunacy and persons non compos 
mentis; they shall have jurisdiction of civil cases at law to recover personal 
property or money where the value or amount claimed does not exceed one 
hundred dollars; they shall have exclusive original jurisdiction of all mis¬ 
demeanors and felonies; they shall have appellate jurisdiction in such cases 
as may be provided by law. 

Section 9. There shall be elected by the qualified voters of each county 
one Attorney for the State, who shall also be the State’s Attorney for the 
Circuit Court; one County Clerk, who shall also be the Clerk of the Circuit 
Court, when not otherwise provided by law. 

Mr. BUIST introduced the following Resolution, which was read 
the first time and referred to the Committee on Education : 

Resolution to Amend Article X, Ppoviding for the Maintenance 

OF THE CLEMSON AGRICULTURAL AND MECHANICAL COLLEGE. 

Resolved, by the people of South Carolina, in Convention assembled, That 
the General Assembly shall provide for the maintenance of the Clemson 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 41 


Agricultural and Mechanical College, and shall appropriate the land given 
t° this State for the support of such a college by the act of Congress passed 
July the second, one thousand eight hundred and sixty-two, or the money 
or scrip, as the case may be, arising from the sale of said lands, or any 
money or lands which may hereafter be given or appropriated for such 
purpose for the support and maintenance of such college. 


Mr BURN" introduced the following Resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 


Resolution in Regard to Family Homestead. 

Section 1 . There shall be set apart for the use and benefit of every head 
of a family, or guardian or trustee of a family of minor children, or every 
aged and infirm person, or person having the support of dependent females 
of any age, who is not the head of a family, real or personal property to the 
amount of fifteen hundred dollars, both or either as he may select, from the 
property at any time held in fee simple by such head of family, guardian or 
trustee. Said property shall be exempt from levy and sale by virtue of any 
legal process whatever. 

Section 2. No court of justice or ministerial officer shall ever have juris¬ 
diction or authority to enforce any judgment, execution or decree against 
the property set apart for such purpose, including such improvements as 
are made thereon from time to time, except for taxes or for the purchase 
money of the same. 

Section 3. The debtor shall have no right to waive, mortgage or renounce 
in writing his right to the benefit of the exemption provided for in this 
Article, except for the purpose of purchasing another homestead of equal 
value; then it shall with the consent of the wife, if any, with the approval 
of the Circuit Judge, be sold for said purpose. 

Section 4. The General Assembly shall provide by law, at its first session, 
for the setting apart and valuation of the said property. 

Section 5. The applicant shall at all times have the right to increase this 
exemption by adding to an amount already set apart, which is less than the 
whole amount of exemption herein allowed, a sufficient amount to make 
this exemption equal to the whole amount. 

Section 6. Rights which are vested under previously existing laws shall 
not be affected by anything herein contained. 

Section 7. Parties who have taken a homestead under the Constitution 
of eighteen sixty-eight shall have the right to sell said homestead and 
reinvest the money in another homestead by order of the Circuit Judge of 
the county in which the property exists. 


Mr. R. F. SMITH introduced the following resolution, which was 
read the first time and referred the Committee on Legislative De¬ 
partment: 



42 


JOURNAL OF PROCEEDINGS, 


Resolution Providing for a Homestead—as a Substitute for Sec¬ 
tion 32, Article 2. 

Resolved by the Constitutional Convention of South Carolina, now as¬ 
sembled, and by and with the authority of the same, that, 

1st. That a homestead in realty for the head of a family shall be exempt 
from levy and sale under legal process during the life of the head of the 
family, to inure to the benefit of the widow during her life and to the 
children during their minority: Provided, that the head of the family shall 
be in possession of said realty in fee or any lesser estate, and that the said 
head of family be in actual occupation of the homestead when the exemp¬ 
tion is made: and provided the realty so exempted shall not exceed in value 
three hundred dollars, or in no case shall the number of acres be more than 
fifty. 

The yearly products of such a homestead shall be exempt from levy and 
sale without regard to amount. 

The homestead shall not be alienated or incumbered without the joint 
consent in writing of the husband and wife when such relations exist. 
This exemption shall not operate against public taxes nor debts contracted 
for the purchase money thereof or the improvements thereon. 

A homestead in personalty to the head of each family shall also be 
exempt, whether or not the head of the family have a homestead in realty, 
to be made up of such household and kitchen furniture as the family may 
have, and such other property as the head of the family may choose, the 
whole not to exceed in value two hundred dollars. 

The provisions against alieneations or incumbrances shall not apply to 
the exemption in personalty. 

Mr. PATTON introduced the following resolution, which was read 
the first time and referred to the Committee on Suffrage: 

A Resolution for the Regulation of Suffrage in the State of 

South Carolina. 

Be it ordained by the people of the State of South Carolina, in Convention 
assembled, and by the authority of the same, that the following provisions 
shall constitute Sections-of Article of the Constitution of this State: 

1. Every male citizen of the State of South Carolina of the age of twenty- 
one years, not laboring under disabilities named in this Constitution, who 
shall have resided in the State two years, and in the county in which he 
offers to vote ninety days next preceding any election, and who shall have 
paid all poll or other tax due by him to the State for the fiscal year preced¬ 
ing that in which he shall offer to vote; and who, in addition thereto, 

(a) shall be able to read the Constitution in English print and sign his 
name; or 

(b) shall own in his own name and return for taxation property in this 
State to the amount of three hundred dollars; or 

(c) shall have been engaged in the active military or naval service of the 
late Confederate States of America; or 

(d) shall be the lawful lineal descendant of a person who was engaged in 
such service, and shall be alive at the time of the adoption of this Consti¬ 
tution, 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 43 


shall be a qualified elector of this State, and, when duty registered, shall 
be entitled to vote for all officers that are now or may hereafter be elected 
by the people, and upon all questions submitted to the electors at any elec¬ 
tion. 

2. The General Assembly shall enact just and equal laws for the accurate 
registry of the qualified electors of this State, and they shall also establish 
convenient, fair and impartial tribunals to pass upon and determine the 
qualifications of persons offering themselves for registration as qualified 
electors. 

3. A popular government cannot exist, without a pure ballot; the General 
Assembly, therefore, shall enact stringent laws for the regulation of the 
registry and elections of this State, with severe penalties for the violation 
of the same. Any person who shall willfully violate such laws shall, upon 
conviction, in addition to such penalties as the General Assembly may im¬ 
pose, be forever disqualified from voting and debarred from holding public 
office in this State; and the disabilities imposed by this section shall not be 
removed by the pardon of the Governor or by Act of the General Assembly. 

Mr. STOKES introduced the following resolution, which was read 
the first time and referred to Committee on Judicial Department : 

Outline of Judicial System. 

1. Taking the existing system as a basis, abolish the Supreme Court as 
such. 

2. Substitute a Court of Appeals, to consist of all the Circuit Judges save 
that one whose court is under review by appeal. 

3. Elect in each county one County Judge to preside in all misdemeanors 
and in cases involving less than $1,000—except matters of probate, testa¬ 
mentary and guardianship—of which he shall have original and exclusive 
jurisdiction. 

4. In felonies and cases involving $1,000 or more, other than matters tes¬ 
tamentary, or guardianship, or probate, let the Circuit Judge sit with the 
County Judge. 

5. In cases of an aggravated nature like rape or murder, provide by law 
for a speedy trial of the cause at special sessions. 

6. Elect one County Attorney in each county to perform duties of Solici¬ 
tor and to act as State counsel to all the officers of the County. Of course 
this abolishes the office of Solicitor as such. 

7. County Courts to sit at least once a month, and as often as the exigency 
may arise for a special session. 

Mr. W. D. EVANS introduced the following resolution, which was 
read the first time and referred to the Committee on Counties and 
County Government : 

Resolution on Creation of New Counties. 

Resolved, That the General Assembly shall at its next session provide for 

the formation of such new counties having-area of square miles and 

-amount of taxable property as shall be asked for by a vote of three- 




44 


JOURNAL OF PROCEEDINGS, 


fourths of the qualified electors residing within the limits of the territory 
out of which the new county is proposed to he formed, giving proper regard 
to metes and boundaries : And provided , The formation of any new county 
does not reduce any old county below the legal requirement to be fixed by 
this Convention. Any territory so formed into a new county shall assume 
and be holden for an equitable proportion of the indebtedness of the coun¬ 
ties from which the territory is acquired. 

Resolved II, That this Convention shall not undertake the formation of 
any new counties, but will fix the area of counties in the State. 

Mr. W. C. SMITH introduced the following resolution which was 
read the first time and referred to the Committee on Education : 

A Resolution to Prevent Special Privileges by Educational 

Institutions. 

Re it Ordained by the Convention, That no educational institution receiv¬ 
ing any public funds shall grant any scholarship or special privilege to any 
student of such institution. 

Mr. BUIST introduced the following resolution, which was read the 
first time and referred to the Committee on Education : 

Resolution to Amend Article Ten, Providing for the Mainte¬ 
nance OF THE WlNTHROP NORMAL AND INDUSTRIAL COLLEGE. 

Resolved, by the people of South Carolina, in Convention assembled, That 
the General Assembly shall provide for the maintenance of the Winthrop 
Normal and Industrial College, and shall appropriate or invest all moneys 
or other property given, or may hereafter be given, in aid of said college. 

Mr EFIRD introduced the following resolution, which was read 
the first time and referred to the Committee on Municipal Corpora¬ 
tion and Police Regulation : 

Resolution Providing for the Control of the Manufacture and 
Sale of Intoxicating Liquors and Beverages Under the Exer¬ 
cise of the Police Power. 

That in the exercise of the police power the General Assembly shall have 
the right to prohibit the manufacture and sale and retail of intoxicating 
liquors or beverages within the State; the General Assembly may license 
persons or corporations to manufacture and sell and retail intoxicating 
liquors or beverages within the State under such rules and restrictions as it 
deems proper; or the General Assembly may prohibit the manufacture and 
sale and retail of intoxicating liquors and beverages within the State, and 
may authorize and empower State and County officers, both, or either, 
under the authority and in the name of the State, to buy and retail within 
the State liquors and beverages in such packages and quantities, under 
such rules and regulations, as it deems expedient. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 45 


Mr. B. R. TILLMAN introduced the following resolution, which 
was read the first time and referred to the Committee on Counties 
and County Government: 

Resolution for the Formation of New Counties. 

Resolved, That the Legislature may from time to time establish new 
counties in the following manner: 

First. Whenever a majority of the qualified voters within the area of a 
proposed new county shall petition the Governor for the creation of a new 
county the Governor shall order an election within thirty days after the 
petition shall have been received by the qualified voters within the pro¬ 
posed area, in which election they shall vote “yes or no” upon the ques¬ 
tion of creating said new county. 

Second. If two-thirds of the qualified voters within the area of the pro- 
posed new county shall vote “yes” upon such question, then the Legisla¬ 
ture shall establish such new county. 

Third. That the new T county shall not contain less than the one hundred 
and twenty-fourth part of the whole number of the inhabitants of the 
State. 

Fourth. That no proposed new county shall contain less than - 

hundred square miles, and shall contain property of the assessed value of 
one million dollars. 

Fifth. No old county shall be reduced below the constitutional area fixed 
by this Convention. 

Sixth. All new counties hereafter formed shall bear a just apportionment 
of the valid indebtedness of the old county or counties from which they 
have been formed. 

Seventh. No new county shall be formed by this Convention. 

Mr. GEORGE D. TILLMAN introduced the following resolution, 
which was read the first time and referred to the Committee on 
Counties and County Government : 

Resolution Proposing Amendments to Section 3, Article 2, of the 
Constitution, Relating to the Erection of Neav Counties, and 
the Removal of County Seats and Consolidation of Counties. 

1. New counties may be formed, but in doing it no existing county seat 
shall be abolished, nor shall any new county line be run nearer than five 
miles to an established Court House. 

2. No county seat shall be removed unless such removal be authorized by 
two-thirds (£) of the electors of the county voting therefor; but when the 
proposed removal shall be towards the center of the county it may be made 
when a majority of the electors participating in the election shall vote 
therefor. 

3. No new counties shall be formed unless a majority of the qualified 
electors voting in each part of the county, or counties, proposed to be dis¬ 
membered and embraced in the new county shall separately vote therefor. 
The elections provided for in this and the section next preceding shall not 
be held in any county oftener than once in four years. 




46 


JOURNAL OP PROCEEDINGS ; 


4. The Legislature may provide for the consolidation of existing counties 
if a majority of the qualified electors of such counties, voting at an elec¬ 
tion held for that purpose, shall vote therefor. 

Mr. J. P. GLENN introduced the following resolution, which was 
read the first time and referred to Committee on Charitable and Penal 
Institutions : 

A Resolution to Require Every County in This State to Provide for 
the Really Destitute Within Its Bounds. 

j Resolved, That the General Assembly of South Carolina shall by law re¬ 
quire the respective Counties of the State to provide for all those inhabit¬ 
ants who, by reason of age and infirmities and misfortunes, may have a 
claim upon the sympathy and aid of society. 

Mr. McOOWN introduced the following resolution, which was read 
the first time and referred to the Committee on Municipal Corpora¬ 
tions and Police Regulations : 

Resolution Relative to the Liquor Traffic. 

Be it resolved by the people, in Convention assembled, &c. That the Gen¬ 
eral Assembly shall pass no law granting license for the sale of alcoholic 
liquids or liquors, but may pass laws regulating the traffic by State control. 

Mr. HIERS introduced the following resolution, which was read the 
first time and referred to the Committee on Counties and County Gov¬ 
ernment : 

Formation of New Counties, Article 2, Section 3, of Present Consti¬ 
tution. 

Besolved , That a majority of the taxpayers of any section desiring to form 
themselves into a new County shall be allowed to do so, provided they will 
meet the expenses necessary thereto, and not reduce the area of the Coun¬ 
ties from which their territory is taken below four hundred square miles. 
The wishes of a majority of the taxpayers to be ascertained from the peti¬ 
tions presented to the Legislature. 

Mr. J. S. BRICE introduced the following resolution, which was 
read the first time and referred to the Co*mmittee on Legislative De¬ 
partment : 

\ 

Resolution in Regard to Biennial Sessions of the General Assembly. 

Be it resolved and ordained by the people of the State of South Carolina, 
in Convention assembled, and by the authority of the same, that the fol¬ 
lowing provisions shall constitute Section—of Article— of the Constitution 
of the State: 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 47 


The first session of the General Assembly under this Constitution shall 
be convened at the Capitol in the city of Columbia on the first Tuesday 
after the first Monday in January, Anno Domini one thousand eight hun¬ 
dred and ninety-six, and forever thereafter the General Assembly shall 
meet biennially on the same day at the State Capitol; and no General As¬ 
sembly during any year shall remain in session over sixty days. 

Mr. HODGES introduced the following resolution, which was read 
the first time and referred to Committee on Judicial Department: 

Resolution as to Judgments. 

Resolved, Section Judgments now of record shall not have any lien 
upon property of the judgment debtor which is not now subject to levy and 
sale under such judgment. 

Sec. Judgments hereafter obtained shall not have any lien upon any 
property of the judgment debtor not then—at the time obtained—subject to 
levy and sale under such judgment. 

Mr. ROGERS introduced the following resolution, which was read 
the first time and referred to Committee on Finance and Taxation : 

A Resolution to Provide and Fix Salaries for All Constitutional 

Offices. 

Be it resolved and ordained by the people of South Carolina, in Convention 
assembled, and by the authority of the same: 

1st. That a stated salary be fixed and attached to each and every office 
created or to be created and provided for by the Constitution adopted by 
this Convention. 

2nd. That each committee of this Convention shall recommend a suita¬ 
ble salary for each office recommended by them to be created. 

Mr. HOWELL introduced the following resolution, which was 
read the first time and referred to Committee on Legislative Depart¬ 
ment : 

Resolution Providing for Homestead, Amending Article 2, Section 
32, of Present Constitution. 

Be it resolved and ordained by the people of the State of South Carolina, 
in Convention assembled, and by authority of the same, That the following 
shall constitute Section — of Article — of the Constitution of this State: 

There shall be exempt from attachment and sale under any mesne or final 
process issued from any Court to the head of any family residing in this 
State a homestead in lands, whether held in fee or lesser estate, not to 
exceed in value one thousand dollars, with the yearly products thereof, and 
every head of a family residing in this State, whether entitled to a home¬ 
stead exemption in lands or not, personal property not to exceed in value 
the sum of five hundred dollars: Brovided, That in case any woman 
having a separate estate shall be married to the head of a family who has 
not of his own sufficient property to constitute a homestead, as herein- 



48 


JOURNAL OF PROCEEDINGS, 


before provided, said married woman shall be entitled to a like exemption 
as provided for the head of a family: Provided, further, That there shall 
not be an allowance of more than one thousand dollars worth of real estate, 
and more than live hundred dollars worth of personal property to the hus¬ 
band and wife jointly: Provided, That no property shall be exempt from 
attachment, levy or sale for taxes, or for payment of obligations contracted 
for the purchase of said homestead or the erection of improvements 
thereon: Provided, further, That the yearly products of said homestead 
shall not be exempt from attachment, levy or sale for the payment of obli¬ 
gations contracted in the production of the same: And provided, further, 
That the exemptions herein shall apply to all debts, judgments and decrees 
contracted or obtained since the year 1868 . It shall be the duty of the 
General Assembly at their first session to enforce the provisions of this 
section by suitable legislation. 


Mr. WILIE JONES introduced the following resolution, which 
was read the first time and referred to the Committee on Militia : 

Resolution in Regard to the Militia. 

Section 1 . The militia of this State shall consist of all able- 
bodied male citizens of the State between the ages of eighteen and 
forty-five years, except such persons as are now, or may hereafter be, 
exempted by the laws of the United States, or who may be adverse to 
bearing arms, as provided for in this Constitution; and shall be organ¬ 
ized, armed, equipped and disciplined as the General Assembly may 
by law provide. 

Section 2. The Governor shall have power to call out the militia 
to execute the laws, repel invasion, repress insurrection, and preserve 
the public peace. 

Section 3 . There shall be an Adjutant and Inspector General 
elected by the qualified electors of the State, at the same time and in 
the same manner as other State officers, who shall rank as a Brigadier- 
General, and whose duties and compensation shall be prescribed by 
law. The Governor shall appoint, by and with the advice and con¬ 
sent of the Senate, such other staff officers as the General Assembly 
may direct. 

Section 4 . All active members of the militia who are enlisted may 
be exempt from serving on juries and performing road duty and 
street duty. 

Mr. RUSSELL (by request) introduced the following resolution, 
which was read the first time and referred to Committee on Counties 
and County Government: 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 49 


An Ordinance to Establish a New Judicial and Election County 
from Portions of the Territory of Abbeville, Greenville, Lau¬ 
rens and Anderson Counties, to be Called Washington County, 
with Boundaries as Hereinafter Described. 

We, the people of the State of South Carolina, by our delegates in con¬ 
vention met, do ordain: 

1st. That a new judicial and election county, which shall be known as 
Washington County, shall be formed, and is hereby authorized to be formed, 
with the following boundaries, to-wit: 

Beginning at Holland’s Ford on Saluda River; thence across Greenville 
County to Fork Shoals Factory on Reedy River; thence down to a corner 
of Greenville and Laurens Counties; thence down the line of Greenville 
and Laurens Counties to Reedy River; thence down Reedy River to a point 
one mile above the mouth of Rabun Creek; thence in a straight line to 
Smith’s Ferry on Saluda River; thence in a straight line to Gil Gal Meth¬ 
odist Church in Abbeville County; thence in a straight line to Rocky River 
Baptist Church on the Abbeville and Anderson line; thence in a straight 
line to a point one mile and a half northwest of the town of Belton; thence 
in a straight line to the beginning point at Holland’s Ford. 

2d. That M. B. Clinkscales, C. E. Harper, John W. McCullough and J. C. 
Millford be, and are hereby, appointed Commissioners to have the bounda¬ 
ries of the said new County of Washington, as above indicated, surveyed 
and properly marked, as well as to designate and establish the County seat, 
and to provide suitable buildings for the several Court and County officers, 
and to select and purchase or procure site for the usual public buildings, 
and to contract for and superintend the erection of the court house and 
jail thereon, and said public buildings shall be built at the expense of the 
citizens of the town of Honea Path. 

3d. That an election shall be held in the said County of Washington on 
the first Tuesday following the first Monday in November, A. D. 1896, or on 
such other day as may be provided by law hereafter, for members of the 
General Assembly and for the regular County officers provided for by the 
Constitution and laws of the State. 

4th. That until the next apportionment of Representatives the said County 
of Washington shall be entitled to-Representatives. 

5th. That the voting precincts heretofore established by law in the por¬ 
tions of Abbeville, Anderson, Greenville and Laurens Counties embraced 
in the limits of Washington County shall be the precincts of Washington 
County. 

6th. That the County of Washington be, and is hereby, attached to the 

-Congressional District and shall form part and parcel of- 

Judicial District, and the regular terms of the Courts of General Sessions 

shall be held on-and the Court of Common Pleas on-, and 

that the Trial Justices located in the portions of Abbeville, Anderson, 
Greenville and Laurens Counties embraced in the limits of Washington 
County shall be continued in office until their successors shall have been 
appointed and qualified; provided, however, that from and after the time 
this ordinance goes into effect they shall be confined and limited in their 
official capacity, duty and power to the said limits of Washington County. 

7th. That from and after-date, all suits pending in the Courts of 

4—500 







50 


JOURNAL OF PROCEEDINGS, 


Abbeville, Anderson, Greenville and Laurens Counties of which the de¬ 
fendants reside in the portions of said County now established as the 
County of Washington, and all indictments pending in the said Counties of 
Abbeville, Anderson, Greenville and Laurens where the offense was com¬ 
mitted in that part of said Counties now established as the County of 
Washington, shall be transferred to the calendars of the Court of the said 
County of Washington, and all records, commissions and other papers be¬ 
longing to any of the said suits or indictments, together with all the legal 
incidents thereto appertaining, shall be transferred to the Clerk of the 
Court of the said County of Washington. 

8th. That the Governor be, and is hereby, authorized and empowered to 
appoint a commission of five persons, one of whom shall be a resident of 
the old Coimty of Abbeville, one a resident of the old County of Anderson, 
one a resident of the old County of Greenville, one a resident of the old 
County of Laurens and one a resident of the new County of Washington, 
which said commission shall divide and apportion between the five Counties 
respectively, herein provided for, the present lawful and bona fide indebt¬ 
edness of the old Counties of Abbeville, Anderson, Greenville and Lau¬ 
rens, having regard to the amount of unpaid taxes due to the said Counties 
of Abbeville, Anderson, Greenville and Laurens. 

Mr. MOORE introduced the following: resolution, which was read 
the first time and referred to Committee on Finance and Taxation : 

To Provide for Sale of Lands for Taxes and the Redemption of 

Such Lands. 

Provision shall be made by the first Legislature for the speedy sale of a 
sufficient portion of all lands and other property for the taxes due thereon, 
and every year thereafter for the sale of all lands and other property upon 
which the taxes have not been paid, and the deed of conveyance to the pur¬ 
chaser for all lands and other property thus sold shall be held to vest a 
good and perfect title in the purchaser thereof, subject to be impeached 
only for actual fraud: Provided, That the former owner shall, within two 
years from date of purchaser’s deed, have the right to redeem the land 
upon the payment of double the amount of money paid for the land. 

Mr. J. S. BRICE introduced the following resolution, which was 
read the first time and referred to the Committee on Legislative De¬ 
partment: 

Resolution in Regard to Quadrennial Elections. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, that the follow¬ 
ing provisions shall constitute Section — of Article — of the Constitution of 
the State: 

The first election of all State and County officers, pursuant to the pro¬ 
visions of this Constitution, shall be held on the first Tuesday after the 
first Monday in November, anno domini one thousand eight hundred and 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 51 


ninety-six, and forever thereafter on the same day in every fourth year, in 
such manner and at such places as the General Assembly may hereafter 
provide; and all State and County officials elected pursuant to the pro¬ 
visions of this Constitution shall hold their respective offices for four years 
and until their successors shall be chosen and qualified; and the Governor, 
Lieutenant Governor and other State officers shall be ineligible for the next 
four years after the termination of their offices. 

Mr. OTTS introduced the following resolution, which was read the 
first time and referred to Committee on Judicial Department: 

A Resolution Creating the Office of Probate Judge and Defin¬ 
ing His Duties. 

Be it ordained by the Convention: 

Section —. A Court of Probate shall be established in each County, with 
jurisdiction in all testamentary and of administration, in business appertain¬ 
ing to minors, the allotment of dower, the setting of the homestead, parti¬ 
tion, and in cases of idiocy and lunacy and persons non compos mentis. 


Mr. DOYLE introduced the following resolution, which was read 
the first time and referred to Committee on Jurisprudence : 


Resolution to Limit Expenses of Administering Estates. 

Be it ordained by the people of South Carolina, in Convention assembled, 
that the Constitution now being formed shall contain provisions prohibit¬ 
ing costs and expenses of administering, partitioning, division and settle¬ 
ment of estates ever to exceed ten per cent, of the total value thereof. 

Mr. G. D. TILLMAN introduced the following resolution, which 
was read the first time and referred to the Committee on Legislative 
Department: 

Resolution Proposing an Amendment to Section 6, Article 8, of 
the Constitution, Relating to an Apportionment of Represent- 

TIVES TO THE GENERAL ASSEMBLY. 

That where two or more Representatives shall be assigned to the same 
County, such County shall be subdivided into as many election districts of 
as nearly equal population as possible, and one Representative shall be 
assigned to each of said subdivisions, provided such subdivisions shall be 
made up of whole townships, and no Township shall be divided in forming 
said subdivisions. 

Mr. ROGERS introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 





52 


JOURNAL OF PROCEEDINGS, 


A Resolution to Abolish the Right of Dower in Lands Aliened 
by the Husband During Coverture. 

Be ti resolved by the people of South Carolina, in convention assembled, 
and by the authority of the same, That the right of dower in any and all 
lands aliened by the husband during the coverture be, and the same is 
hereby, abolished. 

Mr. TALBERT introduced the following ordinance, which was 
read the first time and referred to the Committee on Counties and 
County Government : 

An Ordinance to Establish a New Judicial and Election County 
from a Portion of the Territory of the Counties of Abbeville 
and Edgefield, to be Called McCormick, with Boundaries as 
Hereinafter Designated. 

We, the people of the State of South Carolina, by our delegates in Con¬ 
vention met, do ordain : 

1. That a new Judicial and Election County, which shall be known as 
McCormick County, shall be formed, and is hereby authorized to be formed, 
with the following boundaries, to wit: 

Beginning at Petersburg Ferry on the Savannah River, thence by a 
straight line to Bradley’s Mill, thence by a straight line to where Puckett’s 
Branch crosses public road north of Troy, thence by a straight line to Win¬ 
ter Seat Bridge on Hard Labor Creek, thence down the center of the Edge- 
field and Abbeville Public Road to Liberty Hill, thence by a straight line to 
a point in the middle of Turkey Creek three miles south of where public 
road from Liberty Hill to Edgefield C. H. crosses said creek, thence down 
the middle of Turkey Creek to a point in the center of Big Stevens Creek 
opposite the mouth of said Turkey Creek, thence down the middle of Big 
Stevens Creek to Savannah River, thence by the Savannah River to initial 
point, and the territory embraced within the said lines shall be known as 
the County of McCormick. 

2. That W. R. Parks, R. J. Robinson, S. S. McBryde, J. B. Alston and A. 
A. Stuart be, and are hereby, appointed Commissioners to have the bounda¬ 
ries of said new County of McCormick, as above indicated, surveyed and 
properly marked, as well as to designate and establish the County-seat, and 
to provide suitable buildings for the several Court and County officers, and 
to select and purchase or procure sites for the usual public buildings, and to 
contract for and superintend the erection of the court house and jail 
thereon; and said public buildings shall be built at the expense of the citi¬ 
zens of the town of McCormick. 

3. That an election shall be held in the County of McCormick on Tuesday 
following the first Monday in November, A. D. 1896, or on such other day 
as may be provided by law hereafter, for members of the General Assembly 
and for the regular County officers provided for by the Constitution and 
laws of the State. 

4. That until the next apportionment of Representatives, the said County 
of McCormick shall be entitled to two Representatives. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 53 


5. That the voting precincts heretofore established by law in that portion 
of Edgefield and Abbeville Counties embraced in the limits of McCormick 
County shall be the precincts of McCormick County. 

6. That the County of McCormick be, and is hereby, attached to the Sec¬ 

ond Congressional District, and shall form a part and parcel of the Fifth 
Judicial Circuit, and the regular terms of Court of General Sessions. 


.and the 

Court of Common Pleas, and that the Trial Justices located in that portion 
of Edgefield and Abbeville Counties embraced in the limits of McCormick 
County shall be continued in office until their successors shall have been 
appointed and qualified; Provided , however, That from and after the time 
of this Ordinance goes into effect, they shall be confined and limited in their 
official capacity, duty and power to such limits of McCormick County. 

7. That from and after the first day of December, A. D. 1896, all suits 
pending in the Courts of Edgefield and Abbeville Counties of which the 
defendants reside in that portion of said Counties now established as the 
County of McCormick, and all indictments pending in said Counties of 
Edgefield and Abbeville where the offense was committed in those parts of 
said Counties now established as the County of McCormick, shall be trans¬ 
ferred to the calendars of the Courts of the said County of McCormick; 
and all records and other commissions, papers, belonging to any of the said 
suits or indictments, together with all the legal incidents thereto apper¬ 
taining, shall be transferred to the Clerk of the Court of said County of 
McCormick. 

8. That the Governor be, and is hereby, authorized and empowered to 
appoint a Commission of five persons, two of whom shall be residents of 
the new County of Edgefield, one a resident of the new County of Abbe¬ 
ville, one a resident of the new County of McCormick, and one a resident 
of some other County of the State, which said Commission shall divide and 
apportion between the three Counties respectively herein provided for the 
present lawful and bona fide indebtedness of the old Counties of Edgefield 
and Abbeville, having regard to the amount of unpaid taxes due to the said 
Counties of Edgefield and Abbeville. 


Mr. GEO. JOHNSTONE introduced the following ordinance, which 
was read the first time and referred to the Committee on Suffrage : 


An Ordinance Relating to the Right of Suffrage, Being Article 8 
of the Present Constitution. 


ARTICLE- 


ELECTIVE FRANCHISE. 


Section 1. All elections by the people shall be by ballot. 

Section 2. Every male inhabitant of the State, except idiots, insane per¬ 
sons, and Indians not taxed, who is a citizen of the United States, 21 years 
old and upwards, who has resided in the State for two years and in the 
county in which he offers to vote one year, and in the ward or voting pre- 






54 


JOURNAL OF PROCEEDINGS, 


einct six months, and who is duly registered as provided in this Article, 
and who has never been convicted of treason, murder, robbery, dueling, 
bribery, burglary, arson, obtaining money or goods under false pretenses, 
perjury, larceny, embezzlement, forgery, bigamy or any crime against the 
Elective Franchise or Registration Laws, and who shall be able to read and 
write, or shall be possessed in his own right of taxable property in such 

county of the value of., shall be deemed qualified as an 

elector, and shall be entitled to register and vote at all elections by the 
people. 

Section 3. It shall be the duty of the Governor to appoint in each county 
five of the qualified electors thereof as a board for the examination of 
electors, whose term of office shall be two years and none of whom shall be 
reappointed. The successors of the board shall likewise be appointed for 
a term of two years. Upon the expiration of said second term of office the 
rights, duties and powers of said Board of Examination of electors shall 
cease and determine. Any person who shall be excluded from the elective 
franchise by the educational and property qualifications provided in this 
Article shall have the right to petition the board for the examination of 
electors of his county to adjudge him a proper person to be admitted to the 
right of suffrage by reason of his intelligence, his character, his service to 
the public and his capacity to exercise the duties of an elector. If, upon 
the hearing of the petition, the applicant shall be adjudged a proper person 
to be admitted to the elective franchise the board for the examination of 
the electors shall issue to him a certificate of such qualification, whicli shall 
be irrevocable; and, in the event of the rejection of the petition of any ap¬ 
plicant by the board appointed for the said first term, the applicant shall 
have the right to renew his application before the succeeding board for the 
examination of electors. Each board for the examination of electors shall 
make a record of the names of the citizens to whom certificates have been 
issued, and shall file the same in the office of the Clerk of the Circuit Court 
of their respective counties; and it shall be the duty of the Clerk of Court 
to issue a renewal certificate to any voter who shall make affidavit that he 
has lost or mislaid his certificate, and whom the record shows to be entitled 
to the same. Upon the presentation of the certificate herein provided for 
the citizen to whom it is issued shall be entitled to register and to vote the 
same as if qualified under the third section of this Article. The said board 
for the examination of electors shall meet as often as they may deem neces¬ 
sary or the Legislature may prescribe, but shall meet at least once in each 
month of the year during their term of office. 

Section 4. The Legislature shall, at any time within four years after the 
adoption of this Constitution, have the right to confer upon any citizen by 
name the right of suffrage. 

Section 5. The General Assembly shall provide by law for the registra¬ 
tion of all electors or persons qualified to vote; and suitable remedies, by 
appeal or otherwise, shall be provided for the correction of improper regis¬ 
tration and for securing a registration to any to whom it may be improperly 
denied; and no person shall be allowed to vote who shall not have regis¬ 
tered as required by law, registration by the proper officers being hereby 
declared to be a condition prerequisite to the exercise of suffrage by any 
citizen. 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 55 


Section 6. The General Assembly shall have full power to pass laws neces¬ 
sary for guarding against abuses of the elective franchise and for secur¬ 
ing the purity of elections. 

Mr. ST ANY ARNE WILSON (by request) introduced the follow¬ 
ing ordinance, which was read the first time and referred to Commit¬ 
tee on Counties and County Government: 

An Ordinance to Establish a New t Judicial and Election County 
from a Portion of a Territory of Spartanburg, Union, Laurens 
and Greenville, to be Called Enoree. 

We, the people of the State of South Carolina, by our delegates in Con¬ 
vention met, do ordain. 

1st. That a new judicial and election County, which shall be known as 
Enoree County, shall be formed, and is hereby authorized to be formed, with 
the following boundaries, to-wit: 

Beginning at Pelham Factory in Spartanburg County, thence in a straight 
line to West Springs in Union County, thence in a straight line to Enoree 
River at the intersection of Scuffletown and Jack’s township in Laurens, 
thence up Enoree River to mouth of Buckhead Creek, thenee in a line to 
Pleasant Mount in Laurens, thence in a straight line to a point on the 
Laurens and Greenville line one mile above Fountain Inn, thence in 
a straight line to beginning point at Pelham’s Factory. 

2nd. That Walter Gray, J. B. Kilgore, W. W. Simpson and L. F Pear¬ 
son be, and are hereby, appointed Commissioners to have the boundaries of 
the said new County of Enoree as above indicated surveyed and properly 
marked, as well as to designate and establish the County seat, and to pro¬ 
vide suitable buildings for the several court and county officers, and to 
select and purchase or procure site for the usual public buildings, and to 
contract for and superintend the erection of the court house and jail thereon, 
and said public buildings shall be built at the expense of the citizens of the 
town of Woodruff. 

3rd. That an election shall be held in the said County of Enoree on the 
first Tuesday following the first Monday in November, A. D. 1896, or on 
such other day as may be provided by law hereafter for members of the 
General Assembly and for the regular county officers provided for by the 
Constitution and laws of the State. 

4th. That until the next apportionment of representatives the said County 
of Enoree shall be entitled to representatives. 

5th. That the voting precincts heretofore established by law in the por¬ 
tions of Spartanburg, Union, Laurens and Greenville Counties embraced in 
the limits of Enoree County shall be the precincts of Enoree County. 

6th. That the County of Enoree be, and is hereby, attached to the 
Congressional District, and shall form part and parcel of Judicial 

District, and the regular terms of the Courts of General Sessions shall be 
held on and the 

Court of Common Pleas on ; and 

that the Trial Justices located in the portions of Spartanburg, Union, 
Laurens and Greenville Counties embraced in the limits of Enoree County 
shall be continued in office until their successors shall have been appointed 



56 


JOURNAL OF PROCEEDINGS, 


and qualified; provided, however, that from and after the time this ordi¬ 
nance goes into effect they shall be confined and limited in their official 
capacity, duty and power to the said limits of Enoree County. 

7th. That from and after date all 

suits pending in the Courts of Spartanburg, Union, Laurens and Greenville 
Counties of which the defendants reside in the portions of said County now 
established as the County of Enoree, and all indictments pending in the 
said Counties of Spartanburg, Union, Laurens and Greenville where the 
offense was committed in that part of said Counties now established as the 
County of Enoree, shall be transferred to the calendars of the court of the 
County of Enoree, and all records, commissions and other papers belonging 
to any of the said suits or indictments, together with all the legal incidents 
thereto appertaining, shall be transferred to the Clerk of the Court of the 
said County of Enoree. 

8th. That the Governor be, and is hereby, authorized and empowered to 
appoint a commission of five persons, one of whom shall be a resident of the 
old County of Spartanburg, one resident of the old County of Union, one 
a resident of the old County of Laurens, one a resident of the old County 
of Greenville, and one a resident of the new County of Enoree, which said 
commission shall divide and apportion between the five counties respect¬ 
ively, herein provided for, the present lawful and bona fide indebtedness 
of the old Counties of Spartanburg, Union, Laurens and Greenville, having 
regard to the amount of unpaid taxes due to the said Counties of Spartan¬ 
burg, Union, Laurens and Greenville. 

Mr. RAGSDALE introduced on September 12 the following reso¬ 
lution, which was read the first time September 12 and referred to the 
Committee on Executive Department: 

Resolution Relating to the Veto Power of the Governor as to 
Bills Appropriating Money from the Treasury. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the follow¬ 
ing shall constitute a part of Section , Article , of the Constitution of 
this State: 

Bills appropriating money out of the Treasury shall specify the objects 
and purposes for which the same are made and appropriate to them respect¬ 
ively their several amounts in distinct items and sections. And if the Gov¬ 
ernor shall not approve any one or more of the items or sections contained 
in any bill, but shall approve of the residue thereof, it shall become a law 
as to the residue in like manner as if he had signed it. The Governor 
shall then return the bill with his objections to the items or sections of the 
same not approved by him to the house in which the bill shall have origi¬ 
nated, which house shall enter the objections at large upon its journal, and 
proceed to reconsider so much of said bill as is not approved by the Gov¬ 
ernor. The same proceedings shall be had in both houses in reconsidering 
the same as is provided in case of an entire bill returned by the Governor 
with his objections; and if any item or section of said bill not approved by 
the Governor shall be passed by two-thirds of the members elected to each 
of the two houses of the General Assembly it shall become a part of said 
law notwithstanding the objections of the Governor. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 57 


Mr. PRINCE introduced the following resolution on September 
12th, which was read the first time September 12th and referred to 
the Committee on Legislative Department: 

A Resolution Relating to Homestead and Exemptions. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the follow¬ 
ing shall constitute Article-, of the Constitution of this State: 

Section 1 . There shall be exempt from attachment and sale under any 
mesne and final process issued from any court to the head of a family resid¬ 
ing in this State, except as hereinafter excepted, property, real or personal, 
or both, of value in the aggregate of one thousand dollars: Provided , That 
in case any woman having a separate estate of her own shall be married to 
the head of a family who has not of his own sufficient property to consti¬ 
tute a homestead as hereinbefore provided, said married woman shall be 
entitled to such exemption of her property as may be sufficient to make out 
her husband’s homestead, but in no event shall there be an exemption to 
the husband and wife jointly of property to the value of more than one 
thousand dollars: Provided, further , That no property shall be exempt from 
attachment, levy or sale for taxes, for the purchase money of the same, for 
obligations contracted, for labor done thereon, for materials furnished 
therefor or for the removal of encumbrances thereon: Provided, That the 
yearly farm products of said homestead shall not be exempt from attach¬ 
ment, levy or sale for the payment of debts contracted in the production 
of the same. 

Sec. 2. The debtor shall have the power, at any time before his homestead 
is set oft* in favor of any specified creditor, to waive or renounce in writing 
his right to the benefit of the exemption provided for in this Article, except 
as to wearing apparel and two hundred dollars worth of household and 
kitchen furniture, and fifty dollars worth of provisions, to be selected by 
himself and appraised as the Legislature may direct, and he shall not at 
any time after the homestead is set apart alienate or encumber the prop¬ 
erty so exempted, but it shall thereafter be held by him in trust for his wife 
and minor children: Provided, He and his wife if any, may alienate the 

same jointly, with the sanction of the Judge of the-court of the 

county where the debtor resides or the land is situated, the proceeds of sale 
to be reinvested upon the same uses. 

Sec. 3. After the death of the wife and the majority of his children, any 
homestead set apart to the debtor under the provisions of this Article shall 
be sold and the proceeds applied to the oldest judgments against him. 

Sec. 4. The provisions hereof shall be applicable only to debts created 
after the adoption of this Constitution, and as to debts heretofore con¬ 
tracted the law of force at the date of their contraction shall obtain, but 
nothing herein contained shall be so construed as to allow the head of a 
family the benefit of two homestead exemptions. 

Mr. BUIST introduced the following resolution on September 12th, 
which was read the first time September 12th and referred to the Com¬ 
mittee on Charitable and Penal Institutions : 




58 


JOURNAL OF PROCEEDINGS, 


Resolution to Amend Article Eleven, Section One. 

Eesolved by the people of South Carolina, in Convention assembled, 
That it shall be the duty of the General Assembly to provide by law for 
the support of institutions for the education of the deaf, dumb and blind. 

Mr. McWHITE introduced the following resolution on September 
12th, which was read the first time September 12th and referred to 
Committee on Contingent Appropriations and Expenses : 

Resolution Directing the Legislature to Make Provision for the 
Pay of Managers and Clerks of the Late Election of Del¬ 
egates. 

Resolved, That the Legislature, at its first session after the adoption of 
the new Constitution, make provision for the pay of the managers and 
clerks of the election to elect delegates to this Convention. 

Mr. GAGE introduced the following resolution on September 12th, 
which was read September 12th and referred to Committee on Legis¬ 
lative Department : 

To Prohibit Special Legislation. 

Be it ordained, etc., That the General Assembly of this State shall not 
enact, on the same subject, different laws for different municipal divisions, 
where a general law can be made applicable. 

REPORTS OF STANDING COMMITTEES. 

Mr. STANYARNE WILSON, for the Committee on Judicial 
Department submitted the following report, which was received as 
information: 

Report of Committee on Judicial Department on Draft of Con¬ 
stitution Proposed by Mr. Aldrich. 

The Committee on Judiciary Department, to whom it was referred a 
draft of a Constitution proposed by Mr. Aldrich with instructions for this 
committee to assign the various Articles thereof to their respective appro¬ 
priate committees, beg leave to report that they have considered the same, 
and in accordance with said instructions have assigned the following com¬ 
mittees, to wit: 

Articles 1, 12 and 14 to the Committee on Legislative Department. 

Article 2 to the Committee on Executive Department. 

Article 3 to this Committee. 

Article 4 to the Committee on Right of Suffrage. 

Article 5 to the Committee on Miscellaneous Matters. 

Article 6 to the Committee on Impeachment. 

Articles 7 and 8 to the Committee on Jurisprudence. 

Article 9 to the Committee on Declaration of Rights. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 59 


Articles 10 and 13 to the Committee on Finance and Taxation. 

Article 11 to the Committee on Amendments. 

The ordinance portion thereof to this Committee. 

And have delivered to said several Committees respectively the portions 
so assigned to them. 

Respectfully submitted, STANYARNE WILSON, 

September 12, 1895. Chairman. 

Mr. STANYARNE WILSON moved to lay on the table a draft of 
the Constitution submitted by Mr. Aldrich, which was agreed to. 

Mr. STANYARNE WILSON moved that the draft of the Con¬ 
stitution submitted by Mr. Aldrich be printed in the Journal, which 
was agreed to. 

CONSTITUTION OF SOUTH CAROLINA. 

We, the people of the State of South Carolina, by our delegates in 
Convention met, do ordain and establish this Constitution for the 
government of the said State : 

Article I. 

Section 1 . The legislative authority of this State shall be vested 
in a General Assembly, which shall consist of a Senate and a House of 
Representatives. 

Section 2. The House of Representatives shall be composed of 
members chosen by ballot, every fourth year, by the citizens of this 
State, qualified as in this Constitution is provided. 

Section 3. Each county in the State shall constitute one election 
district. 

Section 4. The boundaries of the several counties and election 
districts shall remain as they are now established, unless hereafter 
changed by Act of the Legislature, which shall have power to form 
new counties out of parts of existing counties : Provided , No new 
county shall be formed of less than and no existing county shall be 
reduced below four hundred square miles. 

Section 5. The House of Representatives shall consist of one hun¬ 
dred and twenty-four members, to be apportioned among the several 
election districts of the State, according to the number of inhabitants 
contained in each. An enumeration of the inhabitants for the pur¬ 
pose of representation shall be made in the course of every tenth year, 
counting from the year 1890, in such manner as shall be by law 
directed; and Representatives shall be assigned to the different 
counties in proportion to population, by Act of the General Assembly 
at the session immediately succeeding every enumeration : Provided , 



60 


JOURNAL OF PROCEEDINGS, 


That until the apportionment which shall be made upon the next 
enumeration shall take effect the representation of the several 
counties .shall continue as now fixed by law : Provided, further, That 
the General Assembly may, it’ it sees proper, dispense with the 
enumeration herein provided for, and apportion representation upon 
the basis of the United States Census as the same shall be taken every 
tenth year. 

Section 6. In assigning Representatives to the several counties, 
the General Assembly shall allow one Representative for every one 
hundred and twenty-fourth part of the whole number of inhabitants 
in the State. 

Section 7. All taxes upon property, real or personal, shall be laid 
upon the actual value of the property taxed, as the same shall be 
ascertained by an assessment made for the purpose of laying such tax ; 
and the Legislature shall have power to raise revenues other ways than 
by taxes upon property. 

Section 8. If, in the apportionment of Representatives, any elec¬ 
tion district shall appear not to be entitled from its population to a 
Representative, such election district shall nevertheless send one 
Representative ; and if there be still a deficiency of the number of 
Representatives required by section fifth, such deficiency shall be sup¬ 
plied by assigning Representatives to those election districts having 
the largest surplus fractions of population, until the number of one 
hundred and twenty-four members are made up. 

Section 9. No apportionment of Representatives shall be construed 
to take effect, in any manner, until the general election which shall 
succeed such apportionment. 

Section 10. The Senate shall be composed of one member from 
each election district, except the election district of Charleston, which 
shall be allowed two Senators. 

Section 11. Upon the meeting of the first General Assembly which 
shall be chosen under the provisions of this Constitution, the Senators 
shall be divided into two classes ; the seats of the Senators of the one 
class to be vacated at the expiration of four years after the Monday 
following the general election, and of those of the other class at the 
expiration of eight years ; and the numbers of those classes shall be so 
proportioned that one-half of the whole number of Senators may, as 
nearly as possible, continue to be choseu thereafter every fourth year. 

Section 12. No person shall be eligible to, or take or retain a seat 
in, the House of Representatives, unless he is a white man, who hath 
attained the age of twenty-one years, hath been a citizen and a resi¬ 
dent of this State three years next preceding the day of election, and 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 61 


hath been for the last six months of this time, and shall continue to 
be, a resident of the county which he is to represent. 

Section 13. No person shall be eligible to or take or retain a seat 
in the Senate, unless he is a white man, who hath attained the age of 
twenty-five years, hath been a citizen and resident of this State five 
years next preceding the day of election, and hath been for the last 
six months of this time, and shall continue to be, a resident of the 
county which he is to represent. 

Section 14. Senators and members of the House of Representatives 
shall be chosen at a general election on the first Tuesday in November 
in the year Anno Domini 1896, and on the same day in every fourth 
year thereafter, in such manner and for such terms of office as are 
herein directed. They shall meet on the second Tuesday in January 
bi-annually, at Columbia, (which shall remain the seat of government 
until otherwise determined by the concurrence of two-thirds of both 
branches of the whole representation), unless the casualties of war or 
contagious disorders shall render it unsafe to meet there; in either of 
which cases the Governor, or Commander-in-Chief, for the time being, 
may, by proclamation, appoint a more secure and convenient place of 
meeting. 

Section 15. The terms of office of the Senators and Representatives 
chosen at a general election shall begin on the Monday following such 
election. 

Section 16. Each House shall judge of the elections, returns and 
qualifications of its own members ; and a majority of each House 
shall constitute a quorum to do business ; but a smaller number may 
adjourn from day to day, and may be authorized to compel the attend¬ 
ance of absent members, in such manner and under such penalties as 
may be provided by law. 

Section 17. Each House shall choose its own officers, determine its 
rules of proceeding, punish its members for disorderly behavior, and, 
with the concurrence of two thirds, expel a member, but not a second 
time for the same cause. 

Section 18. Each House may punish, by imprisonment, during its 
sitting, any person not a member who shall be guilty of disrespect to 
the House by any disorderly or contemptuous behavior in its presence ; 
or who, during the time of its sitting, shall threaten harm to body or 
estate of any member for anything said or done in either House, or 
who shall assault any of them thereafter, or who shall assault or arrest 
any witness or other person ordered to attend the House in his going 
thereto or returning therefrom, or who shall rescue any person arrested 
by order of the House. 



62 


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Section 19. The members of both Houses shall be protected in 
their persons and estates during their attendance on, going to, and 
returning from the General Assembly, and ten days previous to the 
sitting and ten days after the adjournment thereof. But these privil¬ 
eges shall not be extended so as to protect any member who shall be 
charged with treason, felony or breach of the peace. 

Section 20. Bills for raising a revenue shall originate in the House 
of Representatives, but may be altered, amended, or rejected by the 
Senate; and all other bills may originate in either House, and may be 
amended, altered, or rejected by the other. 

Section 21. Every act or resolution having the force of law shall 
relate to but one subject, and that shall be expressed in the title. 

Section 22. No bill shall have the force of law until it shall have 
been read three times, and on three several days, in each House, has 
had the seal of the State affixed to it, and has been signed in the Sen¬ 
ate-House by the President of the Senate and the Speaker of the 
House of Representatives, and approved by the Governor, as herein¬ 
after provided. 

Section 23. No money shall be drawn out of the public treasury 
but by the legislative authority of the State. 

Section 24. In all elections by the General Assembly, or either 
House thereof, the members shall vote viva voce , and their votes thus 
given shall be entered upon the journals of the House to which they 
respectively belong. 

Section 25. The members of the General Assembly who shall meet 
under this Constitution shall be entitled to receive out of the public 
treasury for their expenses during their attendance on, going to, and 
returning from the General Assembly five dollars for each day’s 
attendance, and twenty cents for every mile of the ordinary route of 
travel between the residence of the member and the capital or other 
place of sitting of the General Assembly, both going and returning, 
and the same may be increased or diminished by law if circumstances 
shall require ; but no alteration shall be made to take effect during 
the existence of the General Assembly which shall make such altera¬ 
tion. 

Section 26. Neither House during the session of the General 
Assembly shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which the Assem¬ 
bly shall be at the time sitting. 

Section 27. No person shall be eligible to a seat in the General 
Assembly whilst he holds any office of profit or trust under this State, 
the United States of America, or any of them, or under any other 



/ 


SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 63 


power, except officers in the militia, army or navy of this State, magis¬ 
trates, or justices of inferior courts, while such justices receive no 
salaries ; nor shall any contractor of the army or navy of this State, 
the United States of America, or any of them, or the agents of such 
contractor, be eligible to a seat in either House. And if any member 
shall accept or exercise any of the said disqualifying offices, he shall 
vacate his seat. 

Section 28. If any election district shall neglect to choose a mem¬ 
ber or members on the day cf election, or if any person chosen a 
member of either House shall refuse to qualify and take his seat, or 
shall resign, die, depart the State, accept any disqualifying office, or 
become otherwise disqualified to hold his seat, a writ of election shall 
be issued by the President of the Senate or Speaker of the House of 
Representatives, as the case may be, for the purpose of filling the 
vacancy thereby occasioned for the remainder of the term for which 
the person so refusing to qualify, resigning, dying, departing the 
State, or becoming disqualified was elected to serve, or the defaulting 
election district ought to have chosen a member or members. 

Section 29. The General Assembly as now constituted shall con¬ 
tinue in office until the Monday following the first general election 
provided for in this Constitution, and the Senators whose terms of 
office expire in the year one thousand eight hundred and ninety-eight 
shall hold over until the day following the next general election there¬ 
after, and in the division of the Senate into two classes shall constitute 
the first class. 


Article II. 

Section 1. The executive authority of this State shall be vested in 
a chief magistrate, who shall be styled the Governor of the State of 
South Carolina. 

Section 2. The Governor shall be elected at the same time and by 
the electors duly qualified to vote for members of the House of Repre¬ 
sentatives, and shall hold his office for four years, and until his suc¬ 
cessor shall be chosen and qualified. 

Section 3. No person shall be eligible to the office of Governor 
unless he shall have attained the age of thirty years, and hath been a 
citizen and resident of this State for the ten years next preceding the 
day of election. And no person shall hold the office of Governor and 
any other office or commission, civil or military (except in the militia), 
under this State or the United States, or any of them, or any other 
power, at one and the same time. 



64 


JOURNAL OF PROCEEDINGS, 


Section 4 . The returns of every election of Governor shall be 
sealed up by the Commissioners of Elections in their respective coun¬ 
ties, and transmitted by a messenger chosen by them to the seat of 
government, directed to the Secretary of State, who shall deliver them 
to the Speaker of the House of Representatives, at the next ensuing 
session of the General Assembly, during the first week of which session 
the Speaker shall open and publish them in the presence of both 
houses of the General Assembly. The person having the highest num¬ 
ber of votes shall be Governor, but if two or more shall be equal and 
highest in votes the General Assembly shall, during the same session, 
in the House of Repreesntatives, choose one of them Governor viva 
voce . Contested elections for Governor shall be determined by the 
General Assembly in such manner as shall be prescribed by law. 

Section 5. A Lieutenant-Governor shall be chosen at the same 
time in the same manner, continue in office for the same period, and 
be possessed of the same qualifications as the Governor, and shall, 
ex-officio, be the President of the Senate. 

Section 6 . The Lieutenant Governor, acting as the President of the 
Senate, shall have no vote, unless the Senate be equally divided. 

Section 7. The Senate shall choose a President pro tempore to act 
in the absence of the Lieutenant Governor, or when he shall exercise 
the office of Governor. 

Section 8. A member of the Senate or of the House of Represent¬ 
atives, being chosen and acting as Governor or Lieutenant Governor, 
shall thereupon vacate his seat and another person shall be elected in 
his stead. 

Section 9. In case of the impeachment of the Governor, or his 
removal from office, death, resignation, disqualification, disability, or 
removal from the State, the Lieutenant Governor shall succeed to his 
office; and in case of the impeachment of the Lieutenant Governor, 
or his removal from office, death, resignation, disqualification, disa¬ 
bility, or removal from the State, the President pro tempore of the 
Senate shall succeed to his office ; and when the offices of the Gover¬ 
nor, Lieutenant Governor, and President pro tempore of the Senate 
shall become vacant in the recess of the Senate, the Secretary of State 
for the time being shall, by proclamation, convene the Senate, that a 
President pro tempore may be chosen to exercise the office of Gover¬ 
nor for the unexpired term. 

Section 10. The Governor shall be Commander-in-Ohief of the 
Army and Navy of this State, and of the militia, except when they 
shall be called into the actual service of the United States. 

Section 11. The Governor, together with the Secretary of State, 
Comptroller General, Adjutant and Inspector General, and State 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 65 


Treasurer, shall constitute a Board of Public Pardons, and they, under 
such regulations as may be provided by law, shall have power to grant 
reprieves and pardons after conviction, (except in cases of impeach¬ 
ment), in such manner, on such terms, and under such restrictions as 
they shall think proper, and they shall have power to remit fines and 
forfeitures unless otherwise directed by law. It shall be their duty to 
report to the General Assembly at the next regular session thereafter 
all pardons granted by them, with a full statement of each case and 
the reasons moving them thereunto. 

Section 12 . He shall take care that the laws be faithfully executed 
in mercy. 

Section 13. The Governor and Lieutenant-Governor shall at stated 
times receive for their services a compensation which shall be neither 
increased nor diminished during the period for which they shall have 
been elected. 

Section 14. All officers in the Executive Department, when re¬ 
quired by the Governor, shall give him information in writing upon 
any subject relating to the duties of their respective offices. 

Section 15. The Governor shall, from time to time, give to the 
General Assembly information of the condition of the State, and 
recommend to their consideration such measures as he shall judge 
necessary or expedient. 

Section 16. He may, on extraordinary occasions, convene the Gen¬ 
eral Assembly, and should either House remain without a quorum for 
three days, or in case of disagreement between the two Houses with 
respect to the time of adjournment, may adjourn them to such time as 
he shall think proper, not beyond the second Tuesday in January then 
ensuing. 

Section 17. He shall commission all officers of the State. 

Section 18. It shall be the duty of managers of elections of this 
State, at the first general election under this Constitution and at each 
general election thereafter, to hold an election for Governor and 
Lieutenant-Governor. 

Section 19. The Governor and Lieutenant-Governor, before enter¬ 
ing upon the duties of their respective offices, shall, in the presence of 
the General Assembly, take the oath of office prescribed in this Con¬ 
stitution. 

Section 20. The Governor shall reside during the sitting of the 
General Assembly at the place where its session may be held ; and the 
General Assembly may, by law, require him to reside at the capital of 
the State. 

Section 21. Every bill or joint resolution which shall have passed 
5—500 



66 


JOURNAL OF PROCEEDINGS, 


the General Assembly, except on a question of adjournment, shall, 
before it becomes a law, be presented to the Governor ; if he approve 
he shall sign it; but if not, he shall return it, with his objections, to 
that House in which it shall have originated, who shall enter the objec¬ 
tions at large on their journal, and proceed to reconsider it. If after 
such a reconsideration a majority of the whole representation of that 
House shall agree to pass the Bill, it shall be sent, together with the 
objections, to the other House, by which it shall likewise be reconsid¬ 
ered, and if approved by a majority of the whole representation of 
that House, it shall become a law; but in all such cases the votes of 
both Houses shall be determined by yeas and nays, and the names of 
the persons voting for and against the bill shall be entered on the 
journal of each House respectively. If any bill shall not be returned 
by the Governor within two days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law in like manner as 
if he had signed it, unless the General Assembly by their adjournment 
prevent its return, in which case it shall not have such force and effect 
until after the expiration of two days from their next meeting and the 
same being unreturned. 

Section 22. There shall be elected by the qualified voters of the 
State at every general election a Secretary of State, a Comptroller 
General, a Treasurer, an Attorney General, an Adjutant and Inspector 
General, and a Superintendent of Education, who shall hold their 
respective offices for the term of four years, and whose duties and 
compensation shall be prescribed by law. 

Article III. 

Section 1 . The judicial power of this State shall be vested in a 
Supreme Court, in two Circuit Courts, to wit: A Court of Common 
Pleas, having civil jurisdiction, and a Court of General Sessions, with 
criminal jurisdiction only, and in Probate Courts. The General 
Assembly may also establish such municipal and other inferior Courts 
as may be deemed necessary. 

Section 2. The Supreme Court shall consist of a Chief Justice 
and three Associate Justices, any three of whom shall constitute a 
quorum. They shall be elected by the electors qualified to vote for 
members of the House of Representatives, and shall hold their offices 
during good behavior. And the General Assembly shall have power 
to increase the number of Justices of the Supreme Court from time to 
time as the public interest may require. 

Section 3. The Supreme Court shall have appellate jurisdiction in 
all cases of law and equity under such regulations as the General 
Assembly may by law prescribe: Provided , The said Court shall 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 67 


always have power to issue writs of injunction, mandamus, quo war¬ 
ranto, habeas corpus, and such other original and remedial writs as 
may be necessary to give it a general supervisory control over all other 
Courts in the State. 

Section 4. The Supreme Court shall be held at least once in each 
year, at the seat of government, and at such other place or places in 
the State as the General Assembly may direct. 

Section 5. No Judge shall preside on the trial of any cause in the 
event of which he may be interested, or where either of the parties 
shall be connected with him by affinity or consanguinity, within such 
degrees as may be prescribed by law, or in which he may have been 
counsel, or have presided in any inferior Court, except by consent of 
all the parties. In case all or any of the Judges of the Supreme Court 
shall be thus disqualified from presiding in any cause or causes, the 
Court, or the Judges thereof, shall certify the same to the Governor 
of the State, and he shall immediately commission specially the requi¬ 
site number of men learned in the law for the trial and determination 
thereof. The same course shall be pursued in the Circuit and inferior 
Courts as is prescribed in this section for cases of the Supreme Court. 

Section 6. There shall be appointed by the Judges of the Supreme 
Court a Reporter and Clerk of said Court, who shall hold their offices 
for two years, and whose duties and compensation shall be prescribed 
by law. 

Section 7. When a judgment or decree is reversed or affirmed by 
the Supreme Court, every point made and distinctly stated in writing 
in the cause and clearly arising upon the record of the case shall be 
considered and decided; and the reasons therefor shall be concisely 
and briefly stated in writing and preserved wdth the records of the 
case. 

Section 8. The Judges of the Supreme Court and Circuit Courts 
shall, at stated times, receive a compensation for their services, to be 
fixed by law, which shall not be diminished during their continuance 
in office. They shall not be allowed any fees or perquisites of office, 
nor shall they hold any other office,of trust or profit under this State, 
the United States, or any other power. 

Section 9. No person shall be eligible to the office of Judge of the 
Supreme Court or Circuit Courts who is not at the time of his election 
a citizen of the United States, and has not attained the age of thirty 
years, and been a resident of this State for five years next preceding 
his election, or from the adoption of this Constitution. 

Section 10. All vacancies in the Supreme Court or other inferior 
tribunals shall be filled by election as herein prescribed. All Judges, 



68 


JOURNAL OF PROCEEDINGS, 


by virtue of their office, shall be conservators of the peace throughout 
the State. 

Section - 11. In all cases decided by the Supreme Court a concur¬ 
rence of three of the Judges shall be necessary to a decision. 

Section 12. The State shall be divided into convenient circuits, 
and for each circuit a Judge shall be elected by the electors qualified 
to vote for members of the House of Representatives, who shall hold 
his office during good behavior, and during his continuance in office 
he shall reside in the circuit of which he is Judge. 

Section 13. Judges of the Circuit Court shall interchange circuits 
with each other in such manner as may be determined by law. 

Section 14. The Courts of Common Pleas shall have original 
jurisdiction in all civil cases and actions ex delicto , which shall not be 
cognizable before inferior courts, and appellate jurisdiction in all such 
cases as may be provided by law. They shall have power to issue 
writs of mandamus, prohibition, scire facias , habeas corpus, and all 
other writs which may be necessary for carrying their powers fully 
into effect. 

Section 15. The Court of Common Pleas shall sit in each judicial 
district in this State at least twice in every year, at such stated times 
and places as may be appointed by law. It shall have general com¬ 
mon law and equity jurisdiction. 

Section 16. It shall be the duty of the Judges of the Supreme 
and Circuit Courts to file their decisions within sixty days from the 
last day of the term of court at which the causes were heard. 

Section 17. The Court of Generel Sessions shall have exclusive 
jurisdiction over all criminal cases which shall not be otherwise provided 
for by law. It shall sit in each county in the State at least three 
times in each year, at such stated times and places as the General As¬ 
sembly may direct. 

Section 18. A Court of Probate shall be established in each 
county, with jurisdiction in all matters testamentary and of adminis¬ 
tration, in business appertaining to minors and the allottment of 
dower, in cases of idiocy and lunacy, and persons non compos mentis. 
The Judges of said court shall be elected by the qualified electors of 
the respective counties for the term of four years. 

Section 19. Judges shall not charge juries in respect to matters of 
fact, but may state the testimony and declare the law. 

Section 20. There shall be elected in each county by the electors 
thereof, one Clerk for the Court of Common Pleas, who shall hold his 
office for the term of four years, and until his successor shall be 
elected and qualified. He shall, by virtue of his office, be clerk of 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 69 


all other courts of record held therein, but the General Assembly may 
provide by law for the election of a clerk, with a like term of office, 
for each or any other of the courts of record, and may authorize the 
Judge of the Probate Court to perform the duties of clerk for his 
court, under such regulations as the General Assembly may direct. 
Clerks of Court shall be removable for such cause and in such manner 
as shall he prescribed by law. 

Section 21. There shall be one Solicitor for each circuit, who shall 
reside therein, to be elected by the qualified electors of the circuit, 
who shall hold his office for the term of four years, and shall receive 
for his services such compensation as shall be fixed by law. In all 
cases where an attorney for the State of any circuit fails to attend and 
prosecute, according to law, the court shall have power to appoint an 
attorney pro tempore. 

Section 22. The qualified electors of each county shall elect a 
Sheriff and a Coroner for the term of four years, and until their suc¬ 
cessors are elected and qualified ; they shall reside in their respective 
counties during their continuance in office and be disqualified for the 
office a second time if it should appear that they or either of them 
are in default for moneys collected by virtue of their respective 
offices. 

Section 23. All writs and processes shall run and all prosecutions 
shall be conducted in the name of the State of South Carolina; all 
writs shall be attested by the Clerk of the court from which they shall 
be issued ; and all indictments shall conclude against the peace and 
dignity of the State. 

Section 24. The General Assembly shall provide by law for the 
speedy publication of the decisions of the Supreme Court made under 
this Constitution. 

Aeticle IV. 

In all elections to be made by the people of this State, or of any 
part thereof, for civil or political offices, every person shall be enti¬ 
tled to vote who has the qualifications, to-wit : He shall be a free 
man who has attained the age of twenty-one years, and is not a pau¬ 
per, nor a non-commissioned officer or private soldier of the army, 
nor a seaman or marine of the navy of the United States. He shall, 
for the two years next preceding the day of election, have been a 
citizen of this State, or, for the same period, an emigrant from Europe 
who has declared his intention to become a citizen of the United 
States according to the Constitution and laws of the United 
States. He shall have resided in this State for at least two years 



70 


JOURNAL OF PROCEEDINGS, 


next preceding the day of election, and for the last six months of 
that time in the county in which he offers to vote, and who can read 
and write in the English language : Provided, That an act of the 
Legislature declaring any person of sufficient intelligence to exercise the 
right of suffrage shall be deemed the equivalent of ability to read and 
write in the English language : Provided, further, That the Gen¬ 
eral Assembly may, by requiring a registry of voters, or other suita¬ 
ble legislation, guard against frauds in elections and usurpations of 
the right of suffrage, may impose disqualification to vote as a pun¬ 
ishment for crime, and may prescribe additional qualifications for 
voters in municipal elections. 

Article V. 

All persons who shall he elected or appointed to any office of profit 
or trust, before entering on the execution thereof, shall take the fol¬ 
lowing oath, and no other : “I do swear (or affirm) that I am duly 
qualified, according to the Constitution of this State, to exercise the 
office to which I have been appointed, and that I will, to the best of 
my ability, discharge the duties thereof, and preserve, protect, and 
defend the Constitution of this State, and that of the United States. 
So help me God." 


Article VI. 

Section 1 . The House of Representatives shall have the sole power 
of impeaching; but no impeachment shall be made unless with the 
concurrence of two-thirds of the House of Representatives. 

Section 2. All impeachments shall be tried by the Senate. When 
sitting for that purpose, the Senators shall be on oath or affirmation, 
and no person shall be convicted without the concurrence of two- 
thirds of the members present. 

Section 3. The Governor, Lieutenant-Governor, and all civil offi¬ 
cers, shall be liable to impeachment for high crimes and misdemean¬ 
ors, for any misbehavior in office, for corruption in procuring office, 
or for any act which shall degrade their official character. But judg¬ 
ment in such cases shall not extend further than to removal from 
office and disqualification to hold any office of honor, trust or profit 
under this State. The party convicted shall, nevertheless, be liable 
to indictment, trial, judgment, and punishment according to law. 

Section 4. All civil officers whose authority is limited to a single 
judicial county, a single election district, or part of either, shall be ap¬ 
pointed, hold their office, be removed from office, and, in addition to 
liability to impeachment, may be punished for official misconduct, in 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 71 


such manner as the General Assembly, previous to their appointment, 
may provide. 

Section 5. If any civil officer shall become disabled from discharg¬ 
ing the duties of his office, by reason of any permanent bodily or men¬ 
tal infirmity, his office may be declared to be vacant, by joint resolu¬ 
tion, agreed to by two-thirds of the whole representation in each house 
of the General Assembly : Provided, That such resolution shall con¬ 
tain the grounds for the proposed removal, and, before it shall pass 
either house, a copy of it shall be served on the officer, and a hearing 
be allowed him. 


Article VII. 

Section 1 . All other officers shall be elected at each general elec¬ 
tion and shall hold their offices for four years. 

Section 2. All commissions shall be in the name and by the author¬ 
ity of the State of South Carolina, be sealed with the seal of the State, 
and be signed by the Governor. 

Article VIII. 

All laws of force in this State at the adoption of this Constitution, 
and not repugnant hereto, shall so continue until altered or repealed, 
except where they are temporary; in which case they shall expire at 
the times respectively limited for their duration, if not continued by 
act of the General Assembly. 

Article IX. 

Section 1. All power is originally vested in the people, and all free 
governments are founded on their authority, and are instituted for 
their peace, safety and happiness. 

Section 2. No person shall be taken or imprisoned, or disseized of 
his freehold, liberties or privileges, or outlawed or exiled, or in any 
manner deprived of his life, liberty or property, but by due process of 
law ; nor shall any bill of attainder, ex post facto law, or law impair¬ 
ing the obligation of contracts, ever be passed by the General Assembly. 

Section 3. The military shall be subordinate to the civil power. 

Section 4. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in case of rebellion or invasion, the public 
safety requires it. 

Section 5. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel punishments inflicted. 



72 


JOURNAL OF PROCEEDINGS, 


Section 6. The General Assembly shall not grant any title of no¬ 
bility, or hereditary distinction, nor create any office the appointment 
to which shall be for any longer time than during good behavior. 

Section 7. The trial by jury as heretofore used in this State, and 
the liberty of the press, shall be forever inviolably preserved. But the 
General Assembly shall have power to determine the number of per¬ 
sons who shall constitute the jury in inferior courts, and may dispense 
with the grand jury in such cases as to it may deem advisable. 

Section 8. The free exercise and enjoyment of religious profession 
and worship, without discrimination or preference, shall be allowed 
within this State to all mankind : Provided , That the liberty of con¬ 
science hereby declared shall not be construed as to excuse acts of 
licentiousness, or justify practices inconsistent with the peace and 
safety of the State. 

Section 9. The rights, privileges, immunities and estates of both 
civil and religious societies and of corporate bodies shall remain as if 
the Constitution of this State had not been altered or amended. 

Section 10. The rights of primogeniture shall not be re-estab¬ 
lished, and there shall not fail to be some legislative provision for the 
equitable distribution of the estates of intestates. 

Article X. 

The General Assembly shall impose a capitation tax not to exceed 
two dollars on each poll, the payment of which shall be a condition 
precedent to the exercise of the right of suffrage : excepting, how¬ 
ever, from the operation of such capitation tax all such persons as, 
from disability or otherwise, ought, in the judgment of the General 
Assembly, to be exempted. 

Article XI. 

Section 1 . No convention of the people shall be called unless by 
the concurrence of two-thirds of the whole representation in each 
House of the General Assembly. 

Section 2. No part of this Constitution shall be altered unless a 
bill to alter the same shall have been read on three several days in the 
House of Representatives, and on three several days in the Senate, 
and agreed to, at the second and third reading, by two-thirds of the 
whole representation in each House of the General Assembly. Neither 
shall any alteration take effect until the bill so agreed to shall be pub¬ 
lished for three months previous to a new election for members of the 
House of Representatives; and the alteration proposed by the pre¬ 
ceding General Assembly shall be agreed to by the new General 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 73 


Assembly in their first session by the concurrence of two-thirds of the 
whole representation in each House after the same shall have been 
read on three several days in each : then, and not otherwise, the same 
shall become a part of the Constitution. 

Article XII. 

The laws now in force in relation to the homestead exemptions and 
the rights of property of married women shall remain inviolate. 

Article XIII. 

The public debt of this State, except for the ordinary and current 
business of the State, shall never be increased except by a two-thirds 
vote of the whole representation. 

Article XIV. 

No person shall be eligible to any office in this State unless he 
possesses the qualifications prescribed for members of the House of 
Representatives by this Constitution. 

ORDINANCE. 

Section 1 . We, the people of the State of South Carolina, by our 
delegates in convention met, do ordain : 

That all laws, orders, resolutions and rules ascertaining the rights 
of persons, natural or artificial, or regulating proceedings in the 
courts, which were of force in this State on the tenth day of Septem¬ 
ber in the year of our Lord one thousand eight hundred and ninety- 
five are now in force, and shall so continue until altered, modified, 
repealed or avoided by proper State authority. 

Section 2. That all acts and resolutions of the General Assembly 
of this State which have been passed, adopted or ratified and now in 
force shall so continue until altered, modified, repealed or avoided by 
proper State authority, except such as have expired by their own 
limitation or by reason of the cessation of the causes which occasioned 
their enactment. 

Section 3. That all official acts in the Executive and other depart¬ 
ments of the government of this State, judicial proceedings, rules of 
court, sales, conveyances, contracts, obligations, instruments of 
writing, and transactions affecting rights of persons or property, had, 
made, executed or incurred on the tenth day of September, in the 
year of our Lord one thousand eight hundred and ninety-five have, 
and shall continue to have, in all respects, full force, effect and 
validity. 




74 


JOURNAL OF PROCEEDINGS, 


Section 4. The Judges of the several Courts in this State, and 
other judicial officers, the Attorney General and Solicitors, the Sec¬ 
retary of State, Attorney General, Comptroller General, State Trea¬ 
surer, Superintendent of Education, Adjutant and Inspector General, 
and other officers who derive their authority from or under the Execu¬ 
tive, Legislative or Judicial Departments, who were holding and. 
exercising office on the tenth day of September in the year of our 
Lord one thousand eight hundred and ninety-five are, in the regard 
of the State, (except where vacancies have since occurred, or may 
occur, by reason of death, expiration of term or otherwise under the 
laws of the State,) still holding their respective offices, and are 
entitled to hold and exercise the same by the original tenure thereof 
for the residue of the terms for which they were severally elected 
or appointed. 

Mr. HEMPHILL, from the Committee on Printing, submitted 
the following majority and minority reports, which were ordered for 
consideration fco-morrow: 

Report of Committee on Printing on a Resolution in Relation to 
Printing for the Convention. 

In the Constitutional Convention, 
Columbia, S. C., September 13, 1895. 

The Committee on Printing, to whom was referred a resolution “ that 
Charles A. Calvo, Jr., be elected Printer for this Convention and that he be 
authorized and directed to execute the printing upon the terms and under 
the provisions of Chapter III of the Revised Statutes of 1893, relating to 
public printing,” beg leave respectfully to report that they have carefully 
considered the same, and the majority recommend that the resolution be 
adopted. 

ROBERT R. HEMPHILL, Chairman. 

W. F. CLAYTON. 

J. W. HAMEL. 

We, the minority, recommend that the resolution be not adopted. 

D. H. BEHRE. 

JOHN B. DENT. 

Resolved, That Charles A. Calvo, Jr., Public Printer, be elected Printer 
for this Convention and that he be authorized and directed to execute the 
printing upon the terms and under the provisions of Chapter III of the 
Revised Statutes of 1893, relating to public printing. 

Mr. HEMPHILL, from the Committee on Printing, submitted the 
following report, which was ordered for consideration to-morrow : 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 75 


In the Constitutional Convention, 
Columbia, S. C., Sept. 13th, 1895. 

The Committee on Printing, to whom was referred a resolution to inquire 
and report what would he the probable cost of having the proceedings 
stenographically reported and printed, beg leave to report that they have 
carefully considered the same, and find that the cost of a stenographic re¬ 
port will be about $100 per week if the stenographer is not required to have 
the proceedings laid upon the desks of the members each succeeding day. 
If daily reports are to be placed on the desks of the members the cost would 
be much greater. By the first method, if the Convention lasted a month, 
the total cost will approximate $500, while by the other method the cost 
would be about $2,000. 

The cost of printing cannot be estimated, depending entirely upon the 
amount of work done, but the charge will be about the same as for the per¬ 
manent publications of the legislative bodies as fixed by law—about $1 per 
page. 

Respectfully submitted, 

ROBERT R. HEMPHILL. 

Resolved, That it be referred to the Committee on Printing to inquire and 
report, as soon as practicable, what would be the approximate cost of having 
the proceedings of this Convention stenographically reported and printed. 

Mr. OTTS, from the Committee on Counties and County Govern¬ 
ment, submitted the following majority and minority reports, which 
were ordered for consideration to-morrow: 

The Committee on Counties and County Government, to whom was re¬ 
ferred the ordinance establishing Saluda County, respectfully report that 
they have carefully considered the same, and recommend that wherever the 
word Saluda or County of Saluda occurs in the ordinance that Saluda be 
stricken out and the word “Butler” inserted, and that it do pass as 
amended. 

All of which is respectfully submitted. 

J. C. OTTS, for Committee. 

An Ordinance to Establish a New” Judicial and Election County 
from a Portion of the Territory of Edgefield County, to Be 
Called Saluda, with Boundaries as Hereinafter Described. 

We, the people of the State of South Carolina, by our delegates in Con¬ 
vention met, do ordain: 

1. That a new judicial and election County, which shall be known as 
Saluda County, shall be formed, and is hereby authorized to be formed, 
with the following boundaries, to wit: 

Beginning at the centre of Big Saluda River at a point opposite the corner 
of Edgefield and Lexington Counties, thence the Edgefield and Lexington 
line to the corner of Lexington and Aiken Counties, thence the Edgefield 
and Aiken line to where the public road crosses said line near Lybrand’s 
Old Mill, thence a straight line to w T here the Long Cane Road intersects the 
public road from Johnston to Ward’s at Jack Lott’s, thence by the Long 





76 


JOURNAL OF PROCEEDINGS, 


Cane Road to where it crosses Mountain Creek at point called Double 
Bridges, thence along- the Northwestern boundary of Pine Grove Township 
to the point on the old Charleston and Cambridge Road to where it crosses 
Halfway Swamp Creek, thence down the middle of Halfway Swamp Creek 
to a point in the middle of Saluda River opposite the mouth of said Creek, 
thence down the middle of Big Saluda River to the initial point, and the 
territory embraced within said lines shall be known as the County of 
Saluda. 

2. That J. H. Edwards, B. W. Crouch, Alvin Ethredge, P. C. Stevens and 
Geo. B. Lester be, and are hereby, appointed Commissioners to have the 
boundaries of said new County of Saluda as above indicated surveyed and 
properly marked, as well as to designate and establish the County seat and 
to provide suitable buildings for the several Court and County officers, and 
to select and purchase or procure sites for the usual public buildings, and 
to contract for and superintend the erection of the Court House and Jail 
thereon, and said public buildings shall be built at the expense of the citi¬ 
zens of said County of Saluda; and to meet the said demands a special tax, 
not exceeding two mills on the dollar of the assessed value of real and per¬ 
sonal property in said County, be levied by the proper County officers here¬ 
inafter provided for in accordance with the laws now in force regulating 
the assessment and collection of taxes. 

3. That an election shall be held in the County of Saluda on Tuesday fol¬ 
lowing the first Monday in November, A. D. 1896, or on such other day as 
may be provided by law hereafter, for members of the General Assembly 
and for the regular County officers provided for by the Constitution and 
laws of the State. 

4. That until the next apportionment of Resresentatives the said County 
of Saluda shall be entitled to two Representatives. 

5. That the voting precincts heretofore established by law in that portion 
of Edgefield County embraced in the limits of Saluda County shall be the 
precincts of Saluda County. 

6. That the County of Saluda be, and is hereby, attached to the Second 

Congressional District, and shall form part and parcel of the Fifth Judicial 
Circuit, and that the regular terms of the Courts of General Sessions shall 
be held on , and that the Trial Justices located in 

that portion of Edgefield County embraced in the limits of Saluda County 
shall be continued in office until their successors shall have been appointed 
and qualified: Provided, however, That from and after the time this 
ordinance goes into effect they shall be confined and limited in their official 
capacity, duty and power to said limits of Saluda County. 

7. That from and after the first day of December, A. D. 1896, all suits 
pending in the Courts of Edgefield of which the defendants reside in that 
portion of said County now established as the County of Saluda, and all 
indictments pending in the said County of Edgefield where the offense was 
committed in that part of said County now established as the County of 
Saluda, shall be transferred to the Calendars of the Courts of the said 
County of Saluda; and all records, commissions and other papers belonging 
to any of the said suits or indictments, together with all the legal incidents 
thereto appertaining, shall be transferred to the Clerk of the Court of the 
said County of Saluda. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 77 


8. That the Governor he, and he is hereby, authorized and empowered to 
appoint a Commission of five persons, two of whom shall be residents of 
the new County of Edgefield, two residents of the new County of Saluda 
and one resident of some other County of the State, which said Commission 
shall divide and apportion between the two Counties herein provided for 
the present lawful and bona fide indebtedness of the old County of Edge- 
field, having regard to the amount of unpaid taxes due to the said County 
of Edgefield. 


MINORITY REPORT. 

The undersigned, constituting a minority of the Committee on Counties 
and County Government, to whom was reported an ordinance in regard to 
the formatien of a new County to be called Butler, to be cut off entirely 
from Edgefield County, beg leave to report that they have carefully con¬ 
sidered the same; that they do not believe it is proper for the said new 
County to be established by this Convention without knowing the wishes 
of the majority of the voters of said County; that our time is too valuable 
to be consumed by a long discussion which would necessarily follow; that 
it, along with other proposed counties, should submit themselves to the 
action of the General Assembly of the State, and we recommend that the 
ordinance be not adopted. 

Respectfully submitted, 

T. E. JOHNSON, 

E. N. REDFEARN, 

FRANK B. GARY, 

A. K. SMOAK, 

J. THOMAS AUSTIN, 
Minority of the Committee. 


Mr. PRINCE introduced the following: 

Resolved, That this Convention will not create any new counties. 

Ordered for consideration to-morrow: 

Mr. W. D. EVANS moved that this resolution be placed on the 
calendar without reference. 

Mr. EEIRD introduced the following resolution on September 11th, 
which was read the first time September 11th and referred to Com¬ 
mittee on Suffrage: 


Rights of Suffrage. 

Section 1 . All elections shall be by ballot. 

Section 2. Every male citizen of the United States, and every male 
person of foreign birth who has lawfully expressed his intention of 
becoming a citizen of the United States, who has attained the age of 
twenty-one years, and who shall have resided in this State for three 




78 


JOURNAL OF PROCEEDINGS, 


years and in the county and precinct in which he offers to vote for 
two years next preceding the election at which he offers to vote ; and 
who shall have paid all State, county and poll taxes legally assessed 
against him for the two years next preceding the election at which he 
offers to vote, within the time allowed by law for payment without 
penalty, shall be permitted to vote at any election in this State, pro¬ 
vided such elector as a further qualification possesses either one of the 
following qualifications: 

1. He shall be able to read in the English language and give a rea¬ 
sonable interpretation to any section of this Constitution ; or 

2. He shall be able to copy in legible English writing any section 
of this Constitution ; or 

3. He must pay tax on three hundred dollars* worth of property, 
real or personal, or both ; or 

4. He must own in fee simple for life, in trust, or as tenant for 
years, a lot or piece of land in the county in which he offers to vote ; or 

5. He must have been entitled to vote under the laws of this State 
on the first day of November, A. D. 1860. 

Section 3. It shall be the duty of the Legislature from time to 
time to provide for the registration of electors, and such registration 
shall be conclusive evidence to all election officers, Judges and courts 
of the qualifications of the elector to vote under this Constitution. 

Section 4. The General Assembly shall never pass any law that 
will deprive any of the citizens of this State of the right of suffrage, 
except for treason, murder, burglary, larceny, forgery, or any other 
infamous crime, or dueling, whereof the person shall have been duly 
tried and convicted ; excepting also as above provided in this Article; 
also the following classes of persons shall not be allowed to vote in 
this State: 

1. Persons under twenty-one years of age. 

2. Idiots and lunatics. 

3. All paupers supported by any county. 

4. All soldiers, marines and seamen employed in the service of the 
army and navy of the United States. 

Section 4. For the purpose of voting, no person shall be deemed 
to have lost his residence by reason of absence while employed in the 
service of the United States, nor while engaged upon the waters of 
this State or the United States, or of the high seas, nor while tem¬ 
porarily absent from the State. 

Section 5. No soldier, seaman or marine in the army or navy ol 
the United States shall be deemed a resident of this State in conse¬ 
quence of having been stationed therein. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 79 


Section 6. Electors shall in all cases, except treason, felony or 
breach of the peace, be privileged from arrest and civil process dur¬ 
ing their attendance at elections, and in going to and returning from 
the same. 

Section 7. Every person entitled to vote at any election shall be 
eligible to any office which now is^ or hereafter shall be, elective by 
the people in the county where he shall have resided two years pre¬ 
vious to such election, except as otherwise provided in this Constitu¬ 
tion or the Constitution and laws of the United States. 

Section 9. Presidential electors shall be elected by the people. 

Section 10. In all elections held by the people under this Consti¬ 
tution, the person or persons who shall receive the highest number of 
votes shall be declared elected. 

Mr. GRAY introduced the following resolution on September 12th, 
which was read the first time September 12th and referred to Com¬ 
mittee on Executive Department: 

Resolution Relating to Commutations of Sentence, Pardons, Etc. 

Resolved, That the Governor shall have power to remit fines and forfeit¬ 
ures, to grant reprieves, commutations of sentences and pardons, except in 
cases of impeachment; but no pardon shall be granted nor sentence com¬ 
muted except upon the recommendation, in writing, of the Lieutenant Gov¬ 
ernor, Secretary of State, Attorney General, and Superintendent of the 
Penitentiary, or any three of them, after full hearing, upon due public no¬ 
tice and in open session; and such recommendation, with the reasons there¬ 
for at length, shall be recorded and filed in the oftice of the Secretary of 
State. 

Mr. MURRAY asked and obtained leave to have it spread on the 
Journal that he voted under a misapprehension of the question before 
the Convention when he voted “No” yesterday on the motion to lay 
on the table the amendment to make the per diem of delegates to this 
Convention four dollars in lieu of two dollars, provided by the original 
resolution. Mr. Murray favored a per diem of two dollars for the 
delegates. 

Mr. SHEPPARD moved that the report of the Committee on Rules 
shall be taken up and considered chapter by chapter. Adopted. 

The Clerk read Chapter I. 

Chapter I was a motion of Mr. Ragsdale. Adopted as a whole. 

The Clerk read Chapter II. 

Chapter II was adopted as a whole. 

Chapter III was read and adopted as a whole. 

Clerk read Chapter IY. 



80 


JOURNAL OF PROCEEDINGS, 


Chapter IV was adopted as a whole. 

Chapter V was read. 

Mr. MILLER moved to amend Rule 21, Chapter V, by inserting 2 
instead of 10. 

Mr. SMALLS seconded this after debate. 

Mr. SHEPPARD moved to lay the amendment of Mr. Miller on 
the table. 

Which was agreed to. , 

Mr. SHEPPARD moved to strike out Rule 18. Adopted. 

Chapter V, as amended, was adopted. 

Chapter VI was read. 

Mr. SHEPPARD moved to amend by inserting after the word 
President in last line of chapter the words “ except by writing which 
was agreed to. 

Mr. GOODING moved to amend by adding 6th “representatives 
of the press ; ” which was agreed to. 

The section as amended was adopted. 

Chapter VII. 

Mr. W. D. EVANS moved the following, which was agreed to: 

Resolved, That it is the sense of this Convention that each resolution, 
ordinance, or paper referred to any committee for consideration be printed 
at length upon the Journal, and that Chapter VII of the report of the Com¬ 
mittee on Rules be recommitted to the said committee with instructions 
to bring in a rule to cover this point. 

Which was agreed to. 

Chapter VIII was read. 

Mr. SHEPPARD offered the following as Rule 41: 

Rule 41. If in the judgment of the Committee on Style and Revision any 
material provision has been omitted from any part of the Constitution, they 
shall have the right to direct the attention of the Convention thereto in 
their report, and the Convention may take such action therein as may be 
proper. 

Which was agreed to. 

Mr. MEARES offered the following as Rule 42, which was agreed 
to : 

No member shall absent himself from the sessions of the Convention, un¬ 
less he have leave, or be unable from sickness to attend. 

Chapter VIII as amended was adopted. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 81 


Mr. STANYARNE WILSON moved that all of the resolutions 
and ordinances as submitted to the Convention up to date he printed ; 
which was agreed to. 

Mr. ALDRICH offered the following resolution, which was agreed to : 

Resolved, That the President of the Convention he requested to appoint 
two additional Laborers for the service of the Convention under the direc¬ 
tion of the Sergeant-at-Arms. 

Mr. V ON KOLNITZ, Jr., asked and obtained leave of absence for 
his colleague, Mr. Barker, until Tuesday next. 

Mr. ELLERBE asked and obtained leave of absence for Messrs. 
J. D. Montgomery, and Berry until Monday next. 

Mr. BURNS asked and obtained leave of absence for Mr. Perritte 
until Monday next. 

On motion of Mr. TIMMERMAN, the Convention adjourned at 
3:15 P. M. to meet to-morrow at 10 A. M. 


FIFTH DAY. 


Saturday, September 14, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 
APPOINTMENTS. 

The PRESIDENT announced the following appointments : 

H. R. Elanigan, Second Assistant Clerk. 

Laborers : Council Cross, Damon Cantey. 

The PRESIDENT proceeded to call by Counties for memorials^ 
petitions, &c. 

6—500 








82 


JOURNAL OF PROCEEDINGS; 


On motion of Mr. ALDRICH, the call by Counties was dispensed 
with. 


PETITION. 

Mr. STANYARNE WILSON presented by request the following 
petition, accompanied by the names of six hundred and twelve citizens 
of Spartanburg County and ninety-six of the citizens of York County, 
which was read the first time and referred to the Committee on 
Counties and County Government : 


Petition for the Creation of a County from Portions of Spartanburg, Union 
and York Counties, to Be Known as Limestone County. 

State of South Carolina, Spartanburg County. 

Seeing and feeling the great necessity for a new County, to be cut off and 
established out of a part of Spartanburg, Union and York Counties, with 
the County seat at Gaffney City, in Spartanburg County, the undersigned 
citizens, residing in Spartanburg County and in that part of the County 
(Eastern part) desired to be cut off into the proposed new County, do most 
respectfully and earnestly petition the Constitutional Convention, about to 
assemble, to cut off*, incorporate and establish a new County out of the 
Eastern part of Spartanburg County, the Northern part of Union County 
(lying between Broad and Pacolet Rivers) and the Western part of York 
County, as will more fully appear by reference to plat and survey on file in 
the office of the Secretary of Slate; but should it not seem practicable or 
advisable to cut off said part of York County into the proposed new County, 
then your petitioners pray that said new County be created and established 
out of said parts of Spartanburg and Union Counties, as appear on said 
plat and survey. But in case the said Convention should, in its best judg¬ 
ment, not undertake to create new Counties, but refer the same to the action 
of the General Assembly, then the undersigned respectfully refer this, 
their request and petition, to the General Assembly, and pray that for the 
great public convenience, welfare and prosperity of this section of the State 
in which your petitioners reside, that a new County be. created as afore¬ 
said, and to be known, named and called Limestone County, and Gaffney 
City to be the County seat thereof. And in duty bound your petitioners 
will ever pray, &c. 

Mr. SHEPPARD, from the Committee on Rules, to whom was 
recommitted the report on rules, submitted the following report, which 
was considered immediately and agreed upon : 

The Committee on Rules, to which was recommitted the report on rules 
with instructions to bring in a rule which shall provide “that each resolu¬ 
tion, ordinance or paper referred to any committee for consideration be 
printed at length on the journal,” respectfully report the following rule to 
be added to Chapter 7 of the said report as Rule XXYI, to wit: 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 83 


Rule XXVI. 

“Each resolution, ordinance or paper referred to any committee for con¬ 
sideration shall be printed at length in the journal.” 

We recommend that the subsequent rules be renumbered accordingly. 

In order to facilitate the consideration of such resolutions, ordinances and 
papers by the members of the Convention, we recommend that Rule XXVII 
of Chapter 7, as printed, be amended by inserting after the word “ adoption” 
in line 5 the following words, to wit: “And shall recite the page in the 
journal on which the resolution, ordinance or paper referred to them may 
be found.” 

John Gary Evans, 
Ira B. Jones, 

J. C. Sheppard, 

C. W. Garris, 

J. E. Breazeale. 

Mr. EFIRD moved to amend Rule XXVI by inserting between the 
words “reading” and “previous” on the second line, the words “ on 
three several days,” and by striking out all of said Rule after and 
including the word “and” on the third line, so that the Rule when 
amended shall read as follows : 

‘ f Rule XXVI. Every resolution for revising, amending or changing 
the Constitution shall receive three separate readings on three sep¬ 
arate days previous to its final adoption.” 

Which was agreed to. 

Mr. EFIRD also moved to amend Rule XXVII by inserting on 
the sixth line, between the words “members” and “before” the 
words “one day;” which was agreed to. 

Mr. ELLERBE moved to strike out the words “vote of two- 
thirds,” and insert “ majority vote,” which was agreed to. 

Mr. TALBERT moved that the rules as amended be adopted as a 
whole, which was agreed to. 

RESOLUTION. 

Mr. GARRIS introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Department: 

A Resolution Establishing the Office of Commissioner of Labor. 

Be it resolved By the people of the State of South Carolina in Convention 
assembled, that the following provisions shall constitute Section — of 
Article — of the Constitution of the State: 

Section 1. There shall be a Labor Commissioner for this State, who shall 
perform such duties as may be prescribed by law. He shall be elected by 
the qualified electors of the State for the term of four years, and shall 



84 


JOURNAL OF PROCEEDINGS, 


receive for his services such compensation as shall be fixed by law: Pro¬ 
vided, The next General Assembly may elect a Labor Commissioner who 
shall serve as such until his successor shall have been elected and qualified. 

Sec. 2. The Labor Commissioner shall be a State officer and shall have 
his office at Columbia, S. C. 

Mr. J. H. READ introduced the following resolution, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 

Resolution to Change the Date of the Fiscal Year. 

Be it resolved and ordained by the people, in convention assembled, and 
by the authority of the same, That hereafter the fiscal year shall begin in 
January, the first day of the calendar year. 

Mr. W. D. EVANS introduced the following resolution, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 


Resolution on the Collection of Taxes. 

j Resolved, 1st. That all taxes, whether for State, County, city, township, 
or other public or corporate purposes, levied upon and collected out of 
property in this State, shall be authorized by and included in the succes¬ 
sive legislative supply Acts ; and the same shall be collected all together 
and at the same time by such officials as the Legislature may provide, and 
the disbursement of the same, or any part thereof, whether by State, 
County, municipal, or other officer, provided for by the Legislature, shall 
be reported to and audited by the Comptroller General. 

2d. That the fiscal year of this State shall begin and end with and be the 
same as the calendar year. 


Mr. PATTON introduced the following resolution, which was read 
the first time and referred to the Committee on Declaration of 
Rights: 


A Resolution to Preserve the Right of Trial by Jury. 

Be it ordained by the people of South Carolina, in convention assembled, 

That the following provision shall constitute Section-of Article-of 

the Constitution of this State: 

The right of trial by jury as it existed at the foundation of this Govern¬ 
ment shall remain forever inviolate, and no person shall be punished under 
cover of proceedings for contempt of injunction or other civil process, or in 
any other manner, for the doing of any act which by the law of the land 
constitutes a crime, except upon conviction thereof by due process of law 
before a jury of his peers. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 85 


Mr. ALDRICH, by request, introduced the following resolution, 
which was read the first time and referred to the Committee on 
Municipal Corporations and Police Regulations : 

Proposed Article in Reference to the Right to Vote in Incorpo¬ 
rated Towns and Cities. 

The right to vote in the incorporated towns and cities of this State, as 
herein provided, shall be exercised by all citizens so qualified, irrespective 
of sex. 


Mr. SULLIVAN introduced the following resolution, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 

Resolution Providing for a Common School Fund and the Distribution 

of Same. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the follow¬ 
ing provision shall constitute Section-of Article-of the Constitution 

of this State: 

There shall be a common school fund to be retained in the Counties 
where collected, which shall consist of the poll tax and an annual tax of 
not less than two mills on the dollar of all taxable property, collected at the 
same time and by the same officers as other taxes for the same year. 

Any separate school district may, by special enactment of the General 
Assembly, levy an additional tax for the support of its common schools. 

The common school fund, except that raised by special enactment, shall 
be apportioned by the School Commissioners of the respective Counties 
among the several school districts according to the average attendance on 
the schools therein; and the fund thus apportioned shall be equitably dis¬ 
tributed to each common school in each school district by the School 
Trustees thereof. 

Nothing contained in this Article shall be construed to deprive any school 
wherein tuition is charged and the elementary branches of an English 
education are taught from participation in the common school fund. 

Mr. HUTSON introduced the following resolution, which was 
read the first time and referred to the Committee on Judicial 
Department: 

Resolution Relating to the Power of Judges to Charge Juries. 

Be it resolved and ordained by the people of the State of South Caro¬ 
lina, in convention assembled, and by the authority of the same, That the 
following shall form Section-, Article-, of the Constitution. 

Judges may charge juries in respect to matters of fact, and shall state 
the testimony and declare the law. 



86 


JOURNAL OF PROCEEDINGS, 


Mr. SMOAK introduced the following resolution, which was read 
the first time and referred to the Committee on Corporations : 

Resolution Making Corporations Responsible for the Payment of Work 
When a Construction Company Fails to Pay the Laborer. 

The General Assembly shall enact laws to protect laborers on building’s, 
streets, roads, railroads, canals, and other similar works, against the failure 
of contractors and sub-contractors to pay their current wages when due, 
and to make the corporation, company, or individual for whose benefit the 
work is done responsible for their ultimate payment. 

Mr. SMOAK introduced the following resolution, which was read 
the first time and referred to the Committee on Counties and County- 
Government : 

Resolution to Create the New County of Calhoun from Portions of 
Orangeburg and Lexington. 

Hesolvecl, That a new judicial and election district be, and the same is 
hereby, created out of portions of the Counties of Orangeburg and Lexing- 
ington, to be called Calhoun County. The boundaries of the said Calhoun 
County, to be as follows: 

Beginning at the southeastern corner of Orangeburg County, on the San¬ 
tee River, up the Santee River to Congaree River, up Congaree River to 
the mouth of Tom’s Creek; thence southwest to the corner of Aiken, 
Lexington and Orangeburg Counties, thence east to Four Holes Swamp; 
thence southeast down Four Holes Swamp to the Berkeley line; thence 
along the Berkeley line to the starting point. 

Mr. McWHITE introduced the following resolution, which was 
read the first time and referred to the Committee on Judicial De¬ 
partment : 

That Bribery Shall be Punished as Provided by Law. 

Resolved, That any person w T ho shall, directly or indirectly, offer, give or 
promise any money or thing of value, testimonial, privilege, or personal 
advantage to any executive or judicial performance of any of his public or 
official duties shall be guilty of bribery and be punished in such manner 
as shall be provided by law; and any member of the Legislature or execu¬ 
tive or judicial officer w ho shall solicit, demand or receive, or consent to 
receive, directly or indirectly, for himself or for another, from any com¬ 
pany, corporation or person, any money, appointment, employment, testi¬ 
monial, reward, thing of value or employment or of personal advantage, 
or promise thereof, for his vote or official influence, or for withholding the 
same, or with any understanding, expressed or implied, that his vote or 
official action shall be in any way influenced thereby, or who shall solicit, 
demand and receive any such money or other advantage, matter or thing 
aforesaid for another as the consideration of his vote or official influence in 
consideration of the payment or promise of such money, advantage, mat- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 87 


ter or thing to another, shall be held guilty of bribery within the meaning 
of the Constitution and shall incur the disabilities provided for said 
offenses, with a forfeiture of the office they may hold, and such other addi¬ 
tional punishment as is or shall be provided by law. 

Mr. SMOAK introduced the following resolution, which was read 
the first time and referred to the Committee on Judicial Department : 

A Resolution to Prohibit Public Trial of Certain Cases and the 
Publication of Details of Such Trials. 

In the trial of grossly immoral cases, such as rape, adultery, fornication 
and sodomy, the Court shall exclude all boys and young men from the 
Court room, and may, at its discretion, exclude all persons except such as 
are necessary in the conduct of the trial; and the publication or transmis¬ 
sion ofthe immoral facts and details in the trial of the above mentioned 
cases, or any others not designated above, shall be deemed a felony. 

It shall be the duty of the Legislature to enact laws for the enforcement 
of this Section. 

Mr. MOORE introduced the following resolution, which was read 
the first time and referred to the Committee on Corporations : 

Resolution Restricting Corporations to Pursue Business Fixed by 

. Charter, etc. 

Be it ordained by the people of the State of South Carolina, in conven¬ 
tion assembled, That no corporation shall engage in any business • other 
than that expressly authorized in its charter, nor shall it take or hold any 
real estate except such as may be necessary and proper for its legitimate 
business. 

Mr. STANYARNE WILSON introduced the following resolution, 
which was read the first time and referred to the Committee on Legis¬ 
lative Department: 

A Resolution Providing for the Creation, Establishment and Main¬ 
tenance of a Bureau of Labor Statistics. 

Whereas, By the nature of their avocation the great body of wage- 
earners are at a great disadvantage in the protection of their rights of per¬ 
son and property, and the supervision and friendly hand of the Govern¬ 
ment is needful, in order that the conditions of labor may be known, evils 
disclosed and the cause of their existence discovered, and the proper reme¬ 
dies for their removal applied, a healthy system of labor secured, and the 
interests of the laboring classes advanced; 

Be it resolved, That the General Assembly, at its first session after the 
adoption of this Constitution, shall create and provide for the establish¬ 
ment and maintenance of a Bureau of Labor Statistics, which shall be 
under the charge of the Commissioner of Labor Statistics, who shall be 



88 


JOURNAL OF PROCEEDINGS, 


appointed by the Governor by and with the advice and consent of the 
Senate, and it shall also prescribe his term of office, powers, duties, and 
compensation; and succeeding General Assemblies shall provide for the 
continued maintenance thereof, with powers of amending such original 
Act and amendments thereof. 

Mr. GAGE introduced the following ordinance, which was read the 
first time and referred to the Committee on Counties and County 
Government: 

An Ordinance to Regulate the Formation of New Counties. 

Be it ordained, etc., That each County shall be a corporate body, and all 
suits by or against the same shall be in the name thereof; 

That the metes and bounds of each of the said Counties shall be as they 
now are, unless changed as hereinafter required; 

That new Counties may be established by the division of an existing 
County, or by the union of parts of existing Counties; but no new County 
shall be established unless it contains an area of four hundred and fifty 
square miles, and unless it contains a population of fifteen thousand per¬ 
sons ; and no existing County shall be reduced below such area and such 
population; 

That no part of any County shall be taken away to add to or make an¬ 
other County, unless by a vote of two-thirds of the qualified electors of 
such part at an election held for that purpose ; 

That the General Assembly shall at its next session enact a general law 
to execute the provisions of this Section. 

Mr. HAYNESWORTH, by request, introduced the following 
ordinance, which was read the first time and referred to the Com¬ 
mittee on Education: 

An Ordinance to Prohibit the Use or Loan of Property or Credit 
on the Part of the State or Any Subdivision Thereof in Aid of 
Any School or Charitable Institution Under the Control of 
Any Church or Religious Society. 

Be it ordained and established by the people of the State of South Caro¬ 
lina, in convention assembled, That the following shall constitute Section 
—, of Article —, of the Constitution: 

That neither the property nor credit of the State of South Carolina, or of 
any County, City, Town, Township, School District, or other Subdivision of 
the said State, nor any public money from whatever source derived, shall by 
gift, donation, loan, contract, appropriation or otherwise, be used directly 
or indirectly in aid or maintenance of any college, school, hospital, orphan 
house or other institution, society or organization, of whatever kind, which 
is wholly or in part under the direction or control of any church, or of i^iy 
religious or sectarian society or organization. 

Mr. MILLER introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Department: 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 89 


An Ordinance to Provide That the Constitution Shall be Sub- 
jutted to the People to be Ratified. 


Be it resolved: 1. That after the Constitution shall have been passed in 
convention and duly attested the said Constitution shall be submitted to 
the qualified electors of the State to be voted for, and if a majority of all 
votes cast be in favor of the said Constitution, it shall then be, and become, 
the Constitution of the State of South Carolina. 

2. The said vote shall be taken on the second Tuesday in January, A. D. 
1896, at the various voting precincts in each and every County of the State. 

3. The Governor shall, on the first Tuesday in December, 1895, issue an 
order for said vote to be taken under the election laws of the State. The 
ballot shall be plain white paper two and one-half inches wide by five inches 
long. The favorable ballot shall contain the words, “I am in favor of the 
new Constitution;” the ballot against shall contain the words, “lam notin 
favor of the new Constitution.” Any and all other ballots, save as above 
provided, found in any box shall not be counted or included in the count of 
the votes for or against the ratification of the said Constitution. 


Mr. SCARBOROUGH introduced the following ordinance, which 
was read the first time and referred to the Committee on Counties and 
County Government: 


An Ordinance to Establish a New Judicial and Election County 
from Portions of the Territory of Kershaw, Chesterfield, 
Darlington and Sumter, to be Called Calhoun, with Boun¬ 
daries as Hereinafter Designated. 

We, the people of the State of South Carolina, by our delegates in conven¬ 
tion met, do ordain: 

1. That a new judicial and election County, which shall be known as Cal¬ 
houn County, shall be formed, and is hereby authorized to be formed, with 
the following boundaries, to wit: 

Beginning at Sumter County, thence down Lynchs to a point three miles 
below Lynchburg, thence west to point on public road leading to Maysville, 
thence northwest to a stake on the C. S. & N. R. R., thence along railroad 
southwardly to crosses on Scapp O’er Swamp to its confluence with Mc- 
Girts Branch, thence up McGirts Branch to Mechanicsville, thence north¬ 
west to a point on the road leading from Statesburg to Bishopville, thence 
southwest to a stake on public road which divides Rafting Creek and 
Spring Hill Townships, thence up said road to its intersection with the 
Kershaw County line, thence northeast through Kershaw County to the 
point of intersection of the Cheraw road with Big Pine Tree Creek, thence 
northeast to the intersection of the Poter and Georgetown roads, thence up 
the Poter road to a point one-half mile beyond Lynchs Creek, thence due 
east across Kershaw and Chesterfield Counties to a point where Block 
Creek crosses the Darlington and Chesterfield County line, thence due 
south to initial point. 






90 


JOURNAL OF PROCEEDINGS, 


2. That C. W. Woodham, J. W. Gardner, J. L. Parrott, J. H. Scarborough 
and A. C. Durant be, and are hereby, appointed commissioners to have the 
boundaries of said new County of Calhoun as above indicated sur¬ 
veyed and properly marked as well as to designate and establish the 
County seat and to provide suitable buildings for the several Court 
and County officers, and to select and purchase or procure sites for 
the usual public buildings, and to contract for and superintend the erection 
of the court house and jail thereon, and said public buildings shall be 
built at the expense of the citizens of the town or township offering the 
best inducements. 

3rd. That an election shall be held in the County of Calhoun on the 
Tuesday following the first Monday in November, A. D. 1896, or on such 
other day as may be provided by law hereafter, for members of the General 
Assembly and for the regular County officers provided for by the Consti¬ 
tution and laws of the State. 

4th. That until the next apportionment of Representatives the said 
County of Calhoun shall be entitled to three Representatives. 

5th. That the voting precincts heretofore established by law in those 
portions of Kershaw, Chesterfield, Darlington and Sumter Counties em¬ 
braced in the limits of Calhoun County shall be the precincts of Calhoun 
County. 

6th. That the County of Calhoun be, and is hereby, attached to the 
Seventh Congressional District, and shall form part and parcel of the 
Third Judicial Circuit, and that the regular terms of the Court of General 

Sessions shall be held on. 

and that the Trial Justices located in those portions of Kershaw, Chester¬ 
field, Darlington and Sumter Counties embraced in the limits of Calhoun 
County shall be continued in office until their successors shall have been 
appointed and qualified: Provided , however, That from and after the time 
this ordinance goes into effect they Shall be confined and limited in their 
official capacity, duty and power to said limits of Calhoun County. 

7th. That from and after the first day of December, A. D. 1896, all suits 
pending in the Courts of Kershaw, Chesterfield, Darlington and Sumter 
Counties of which the defendants reside those portions of said Counties 
now established as the County of Calhoun, and all indictments pending in 
said Counties of Kershaw, Chesterfield, Darlington and Sumter where the 
offense was committed in those parts of said Counties now established as 
the County of Calhoun, shall be transferred to the Calendars of the Courts 
of the said County of Calhoun; and all records, commissions and other 
papers belonging to any of the said suits or indictments, together with all 
the legal incidents thereto appertaining, shall be transferred to the Clerk of 
the Court of the said County of Calhoun. 

8th. That the Governor be, and he is hereby, authorized and empowered 
to appoint a commission of five persons, one of whom shall be a resident of 
the new County of Kershaw, one resident of the new County of Darlington, 
one a resident of the new County of Sumter, one a resident of the new 
County of Calhoun and one a resident of some other County of the State, 
which said commission shall divide and apportion between the five new 
Counties herein provided for the present lawful and bona fide indebtedness 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 91 


of the old Counties of Kershaw, Darlington, Chesterfield and Sumter, 
having regard to the amount of unpaid taxes due the said Counties of Ker¬ 
shaw, Darlington, Sumter and Chesterfield. 

Mr. MOORE introduced the following ordinance, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 


Ordinance to Disallow Distress for Rent. 

JBe it ordained by the people of the State of South Carolina, in conven- 
vention assembled, That distress for rent shall not be allowed. 

Mr* PARROTT introduced the following ordinance, which was read 
the first time and referred to the Committee on Education : 

An Ordinance to Abolish the Office of State Superintendent of 
Education and of the County School Commissioners. 

Be it resolved and ordained by the people, in convention assembled, That 
the offices of State Superintendent of Education and of County School 
Commissioners be abolished and the duties of these offices be devolved 
upon the Comptroller-General and Board of County Commissioners respect¬ 
ively. 

Mr. LOWMAN introduced the following ordinance, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 


ARTICLE-. 

Power of the General Assembly Over Taxation. 

Section 1. 

Paragraph 1. The right of taxation is a sovereign right, inalienable, 
indestructible ; is the life of the State, and rightfully belongs to the 
people in all republican governments, and neither the General Assem¬ 
bly, nor any nor all other departments of the government established 
by this Constitution shall ever have the authority to irrevocably give, 
grant, limit or restrain this right; and all laws, grants, contracts, and 
all other acts whatsoever by said government, or any department 
thereof, to effect any of these purposes shall be, and are hereby 
declared to be, null and void for every purpose whatsoever ; and said 
right of taxation shall always be under the complete control of, and 
revocable by the State, notwithstanding any gift, grant or contract 
whatsoever by the General Assembly. 





92 


JOURNAL OF PROCEEDINGS, 


Section II. 

Paragraph 1. The power and authority of regulating railroad 
freights and passenger tariffs, preventing unjust discriminations, and 
requiring reasonable and just rates of freight and passenger tariffs, 
are hereby conferred upon the General Assembly, whose duty it shall 
be to pass laws, from time to time, to regulate freight and passenger 
tariffs, to prohibit unjust discriminations on the various railroads of 
the State, and prohibit said roads from charging other than reasonable 
rates, and enforce the same by adequate penalties. 

Paragraph 2. The General Assembly shall not remit the forfeiture 
of the charter of any corporation now existing, nor alter or amend the 
same, nor pass any other general or special law for the benefit of said 
corporation, except upon the condition that said corporation shall 
thereafter hold its charter subject to the provisions of this Constitu¬ 
tion ; and every amendment of any charter of any corporation in this 
State, or any special law for its benefit, accepted thereby, shall oper¬ 
ate as a novation of said charter and shall bring the same under the 
provisions of this Constitution : Provided , That this Section shall 
not extend to any amendment for the purpose of allowing any exist¬ 
ing road to take stock in or aid in the building of any branch road. 

Paragraph 3. The General Assembly of this State shall have no 
power to authorize any corporation to buy shares or stock in any 
other corporation in this State or elsewhere, or to make any contract 
or agreement whatever with any such corporation, which may have the 
effect, or be intended to have the effect, to defeat or lessen competi¬ 
tion in their business, or to encourage monopoly; and all such con¬ 
tracts and agreements shall be illegal and void. 

Paragraph 4. No railroad shall give or pay any rebate, or bonus in 
the nature thereof, directly or indirectly, or do any act to mislead or 
deceive the public as to real rates charged or received for freight or 
passage ; and any such payment shall be illegal and void, and these 
prohibitions shall be enforced by suitable penalties. 

Paragraph 5. No provision of this Article shall be deemed, held or 
taken to impair the obligation of any contract heretofore made by the 
State of South Carolina. 

Paragraph 6. The General Assembly shall enforce the provisions of 
this Article by appropriate legislation. 

Mr. DERHAM introduced the following resolution, which was 
read the first time and referred to the Committee on Education: 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 93 


To Levy a School Poll Tax for the Support of Public Schools and Limit 
a Certain Per Cent, of Same, the Amount That May Be Appropriated to 
the State Educational Institutions. 

The General Assembly shall lew, at each regular session aftep the adoption of this 
Constitution, an annual tax of not less than 3 mills on all taxable property through¬ 
out the State, and there shall be assessed on all taxable polls in the State an annual 
tax of one dollar for each poll for the support of the public schools of the State. 
There shall be two funds in each County, the one for the support of the public 
schools for the whites, to be known as Fund A, and the one for the support of the 
school for the negroes to be known as Fund B. At the time of making return each 
taxpayer may designate to which fund his school and poll tax shall be applied, and 
the Auditor shall so apply it. In case the taxpayer fails to designate the fund, 
the Auditor shall apply the school and poll tax of the whites to Fund A, and poll 
and school tax of the negroes to Fund B. The Fund A shall be distributed accord¬ 
ing to the numbers of white children of school age in each County, and Fund B shall 
be distributed according to the number of negro children of school age in each 
County. No part of this fund shall be used for any other purpose than to pay 
salaries of teachers actually engaged in teaching in the public schools of the differ¬ 
ent Counties of the State, and no part thereof shall be expended for its collection 
or disbursement : Provided, That the General Assembly shall, in appropriating 
money for the support of the State educational institutions, shall not appropriate 
a sum to exceed one-sixth of the Constitutional and poll tax actually paid to 
teachers for teaching the public or common schools in the various Counties. 


REPORTS OF STANDING COMMITTEES. 

Mr. SLOAN, from the Committee on Miscellaneous Matters, sub¬ 
mitted a favorable report on a proposed Section of Article V of 
the Constitution, in reference to the oath of office. 

Ordered for consideration to-morrow. 

Mr. SLOAN, from the Committee on Miscellaneous Matters, sub¬ 
mitted a favorable report on a resolution in reference to existing laws. 

Ordered for consideration to-morrow. 

Mr. TIMMERMAN, from the Committee on Miscellaneous Mat¬ 
ters, submitted a favorable report on a resolution in reference to lot¬ 
teries in this State. 

Ordered for consideration to-morrow. 

GENERAL ORDERS. 

SECOND READING OF RESOLUTIONS AND ORDINANCES. 

Mr. B. R. TILLMAN moved to take up No. 2 in place of No. 1, 
as the Calendar was arranged. 

Agreed to. 

Mr. HEMPHILL moved to recommit the whole matter. 




94 


JOURNAL OF PROCEEDINGS, 


After debate, 

Mr. McGOWAN moved to take up No. 1 in place of No. 2. 

Mr. HEMPHILL withdrew his motion to allow this. 

This motion prevailed. 

Mr. B. R. TILLMAN then moved to amend by allowing all new 
Counties.to come in when the territory came exclusively from one 
County and there was no opposition thereto. 

This motion was lost. 

No. 1.—Resolution relating to the creation of new Counties. 

Mr. DERHAM moved to amend by adding the following words : 
Provided, This shall not apply to the proposed County of Saluda. 

After debate, participated in by Messrs. McGowan, G. D. Tillman, 
Watson, B. R. Tillman, Talbert, Johnstone, Otts, Parler and others, 

Mr. HEMPHILL moved to lay the amendment of Mr. Derham on 
the table. 

Upon which the yeas and nays were demanded. 

The question being put : “Will the Convention agree thereto?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows: 

Yeas, 67; nays, 82. 

Those who voted in the affirmative are: 

Yeas—Messrs. Alexander, Ashe, Atkinson, Austin, Barry, Barton, 
Bates, Behre, Berry, Bobo, J. S. Brice, Bryan, Burn, Carver, 
Cooper, Cunningham, Douglass, Doyle, Ellerbe, Farrow, Fitch, 
Floyd, Fraser, Gage, Gary, J. L. Glenn, Hay, Hemphill, Houser, 
Howell, T. E. Johnson, E. J. Kennedy, Klugli, Lee, Lowman, 
McGowan, Meares, W. J. Montgomery, Nash, Nicholson, Parler, 
Parrott, Patterson, Patton, Peake, Prince, J. H. Read, Redfearn, 
John Reed, Rowland, Russell, Scarborough, Smalls, A. J. Smith, 
R. F. Smith, Smoak, Stokes, Stribling, Taylor, VonKolnitz, Waters, 
Wells, Whipper, A. H. White, Wigg, Stanyarne Wilson and Winkler. 
—67. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Anderson, Bowen, Bowman, Bradham, Breazeale, T. W. Brice, Buist, 
Byrd, Cantey, Clayton, DeHay, Dennis, Dent, Derham, Dudley, 
Efird, Estridge, W. D. Evans, Field, Gamble, J. P. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harris, Harrison, Haynsworth, D. S. 
Henderson, Wm. Henderson, Henry, Hiers, Hodges, Hutson, Irby, 
George Johnstone, Ira B. Jones, Wilie Jones, Keitt, J. W. Kennedy, 
Lybrand, McCaslan, McCown, McDermotte, McKagan, McMahan, 
McMakin, Me White, Matthews, Miller, Mitchell, Moore, Morrison, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 95 


Mower, Murray, Nathans, Oliver, Otts, Ragsdale, Rogers, Ros- 
borough, Sheppard, Shuler, Singletary, Sligh, Sloan, Jeremiah 
Smith, W. C. Smith, Sprott, Sullivan, Talbert. B. R. Tillman, G. D. 
Tillman, Timmerman, Watson, Wharton, S. E. White, Wiggins and 
Woodward.—82. 

So the Convention refused to table the amendment offered by Mr. 
Derham. 

The resolution, after being amended, was adopted. 

No 2. Report of the committee on new County to be called 
Saluda County. 

The committee proposed the following amendment: 

“That the word Saluda be stricken out wherever it appears in the 
title or body of the ordinance, and the word Butler inserted in lieu 
thereof.” 

After debate, participated in by Messrs. G. D. Tillman, Watson and 
others, 

Mr. W. D. EVANS moved to lay on the table the amendment pro¬ 
posed by the committee, upon which the ayes and nays were de¬ 
manded. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 64 ; nays, 76. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Austin, Barry, Barton, Behre, Bobo, Bowen, Bow¬ 
man, Bradham, Breazeale, Buist, Carver, Cooper, Cunningham, 
DeHay, Dennis, Douglass, Dudley, Efird, Estridge, W. D. Evans, 
Floyd, Gamble, Gary, J. P. Glenn, Gooding, Gunter, Hamel, Harris, 
Harrison, Hemphill, Wm. Henderson, Henry, Hodges, Houser, T. E. 
Johnson, Lowman, McMakin, Me White, Matthews, Miller, Morrison, 
Murray, Nicholson, Parrott, Patterson, Rosborough, Shuler, Sligh, 
A. J. Smith, W. C. Smith, Smoak, Stokes, Stribling, Talbert, Tim¬ 
merman, Watson, Whipper, Wigg, Winkler and Woodward—64. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Atkinson, Bates, J. S. Brice, T. W. Brice, 
Bryan, Byrd, Cantey, Clayton, Dent, Derham, Doyle, Ellerbe, Far¬ 
row, Field, Fitch, Fraser, Gage, Garris, J. L. Glenn, Graham, Gray, 
Hay, Haynsworth, Howell, Irby, George Johnstone, Ira B. Jones, 
Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Lee, 
McCaslin, McCown, McDermotte, McGowan, McKagen, McMahan, 
Meares, Mitchell. W. J. Montgomery, Moore, Mower, Nash, Nathans, 



96 


JOURNAL OF PROCEEDINGS, 


Oliver, Otts, Parler, Patton, Peake, Prince, Ragsdale, J. EL Read, 
Redfearn, John Reed, Rogers, Rowland, Russell, Scarborough, Shep¬ 
pard, Singletary, Sloan, Smalls, Jeremiah Smith, R. F. Smith, Sprott, 
Sullivan, Taylor, G. D. Tillman, VonKolnitz, Wells, Wharton, S. E. 
White, A. H. White, Wiggins and Stanyarne Wilson.—76. 

So the Convention refused to table the amendment proposed by 
the committee. The amendment proposed by the committee was 
agreed to. 

Mr. TIMMERMAN proposed to amend as follows : After the word 
“to,” at the end of line 8 of the printed Bill, insert the words “a 
point three miles north of ;” which was agreed to. 

Also amend by striking out all after the word “line” in the tenth 
line of the printed Bill down to the word “thence” in the eleventh 
line, and insert the words “to 10-mile post on public highway leading 
from Edgefield to Columbia, near the residence of J. W. L. Bartley; 
thence a straight line to the intersection of the public road leading 
from Pleasant Cross with the Long Cane road near William Lott’s;” 
which was agreed to. 

Also, Section 2, line 2 of the original Bill, strike out the name of 
“ J. C. H. Ranch ” and insert the name of “ B. L Caughman ;” which 
was agreed to. 

The ordinance, as amended, was read the second time and ordered 
to a third reading to-morrow. 

3. Report of Committee on Printing on resolution relating to steno¬ 
graphic report of proceedings of Convention. 

On motion of Mr. WILSON, the report was received as information 
and ordered to be laid on the table. 

4. Report of the Committee on Printing on a resolution in relation 
to the printing for the Convention. 

The majority report recommends that the resolution be adopted. 

The minority report recommends that the report be not adopted. 

Mr. TIMMERMAN moved to lay the minority report on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 70; nays, 53. 

Those who voted in the affirmative are: 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Austin, Barton, Bates, Bobo, Bowman, Bradham, 
Breazeale, Buist, Burn, Cantey, Clayton, Cooper, DeHay, Dennis, 
Douglass, Dudley, Efird, Ellerbe, Estridge, W. D. Evans, Floyd, 
Gamble, Gary, Gooding, Gray, Gunter, Hamel, Harris, Harrison, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 97 


Hemphill, William Henderson, Henry, Hodges, Honser, Irby, T. E. 
Johnson, Ira B. Jones, Wilie Jones, Keitt, J. W. Kennedy, Klugh, 
Lowman, McCaslan, McCown, McMakin, McWhite, Matthews, Meares, 
Miller, Moore, Morrison, Murray, Nicholson, Otts, Parler, Parrott, 
Patterson, Prince, Redfearn, Rowland, Russell, Shuler, A. J. Smith, 
W. 0. Smith, Smoak, Stokes, Talbert, Taylor, Timmerman, Waters, 
Wharton, Whipper, Stanyarne Wilson and Winkler. —70. 

Those who voted in the negative are : 

Messrs. Anderson, Atkinson, Barry, Bowen, J. S., Brice, T.W., Brice, 
Bryan, Byrd, Cunningham, Dent, Derham, Doyle, Farrow, Field, 
Fitch, Fraser, Gage, J. L. Glenn, J. P. Glenn, Graham, Hay, Hayns- 
worth, Howell, George Johnstone, E. J. Kennedy, Lee, McDermotte, 
McGowan, McMahan, W. J. Montgomery, Mower, Nash, Oliver, Pat¬ 
ton, Peake, Ragsdale, John Reed, Rogers, Scarborough, Sheppard, 
Singletary, Sloan, Smalls, Jeremiah Smith, R. F. Smith, Stribling, 
Sullivan, G. D. Tillman, Wells, H. White, S. E. White, Wigg and 
Wiggins.—53. 

So the Convention agreed to table the minority report. 

Mr. McMAHAN moved to recommit the resolution to the Com¬ 
mittee on Printing, with instructions to receive bids and report 
thereon. 

Mr. TIMMERMAN moved to lay the motion of Mr. McMahan on 
the table. 

Upon which the yeas and nays were demanded. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 73 ; nays 61. 

Those who voted in the affirmative are : 

Hon. John Gary Evans, President, and Messrs. Aldrich, Alexander, 
Anderson, Ashe, Austin, Barton, Bates, Bobo, Bowman, Bradham, 
Breazeale, Buist, Burn, Cantey, Carver, Clayton, Cooper, DeHay, 
Dennis, Douglass, Ellerbe, Estridge, W. D. Evans, Field, Floyd, Gar¬ 
ris, Gooding, Gray, Gunter, Hamel, Harris, Harrison, Hemphill, 
Wm. Henderson, Henry, Hodges, Houser, Irby, T. E. Johnson, Ira B. 
Jones, Wilie Jones, J. W. Kennedy, Klugh, Lowman, McMahan, 
McMakin, McWhite, Matthews, Meares, Miller, Moore, Morrison, 
Murray, Nicholson, Otts, Parler, Parrott, Redfearu, Rosborough, 
Rowland, Russell, Shuler, A. J. Smith, W. C. Smith, Smoak, Stokes, 
Talbert, Timmerman, Wharton, Whipper, Stanyarne Wilson and 
Winkler.—73. 

Those who voted in the negative are : 

7—500 



98 


JOURNAL OF PROCEEDINGS, 


Nays—Messrs. Atkinson, Barry, BeRre, Bowen, J. S. Brice, T. 
W. Brice, Bryan, Byrd, Cunningham, Dent, Derham, Doyle, Dud¬ 
ley, Efird, Farrow, Fitch, Fraser, Gage, Gamble, J. L. Glenn, J. 
P. Glenn, Graham, Haj^, Haynsworth, Howell, George Johnstone, 
Keitt, E. J. Kennedy, Lee, McCaslan, McCown, McDermotte, 
McGowan, McKagen, W. J. Montgomery, Mower, Nash, Oliver, Pat¬ 
ton, Peake, Prince, Ragsdale, John Reed, Rogers, Scarborough, Shep¬ 
pard, Singletary, Sloan, Smalls, Jeremiah Smith, R. F. Smith, Strib- 
ling, Sullivan, Taylor, G. D. Tillman, Wells, A. H. White, S. E. 
White, Wigg and Wiggins.—61. 

Mr. McMAILAN changed his vote from nay to yea. 

So the Convention agreed to lay the motion of Mr. McMahan on 
the table. 

Mr. STANYARNE WILSON moved to reconsider the vote 
whereby the Convention agreed to lay the motion to recommit on 
the table, and to lay that motion on the table ; which was agreed to. 

Mr. STANYARNE WILSON moved to amend the resolution by 
striking out the words “be elected printer for this Convention, and 
that he be,” and insert in lieu thereof the words “is hereby”; 
which amendment was agreed to. 

The resolution as amended was adopted. 

Mr. READ asked and obtained leave of absence till Tuesday night. 

Mr. GOODING asked and obtained leave of absence for his col¬ 
league, Mr. Hutson, till Monday next. 

Mr. RAGSDALE asked and obtained leave of absence till Monday 
next for self and Mr. Brice. 

Mr. McGOWAN asked and obtained leave of absence for his col¬ 
league, Mr. Klugh, till Monday next. 

Mr. TIMMERMAN asked and obtained leave of absence for his 
colleague, Mr. Watson, till Monday next. 

Mr. EFIRD asked and obtained leave of absence for his colleague, 
Mr. Lybrand, till Monday next. 

Mr. ALDRICH moved that when this Convention adjourn, it 
stands adjourned till 12 M. on Monday; which was agreed to. 

On motion of Mr. BATES, the Convention, at 2:40 P. M., ad¬ 
journed till 12 M. Monday. 



SOUTH CAEOLINA CONSTITUTIONAL CONVENTION. 99 


SIXTH DAY. 


Monday, September 16, 1895. 


The Convention assembled at 12 o’clock M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations was opened with prayer 
by the Rev. Mr. Abney. 

The Journal of Saturday’s proceedings was read and confirmed. 

Mr. SHEPPARD called attention to the fact that the Journal 
prints a second time the resolutions. 

The PRESIDENT said that committees are not expected to report 
each separate resolution, but shall report the Articles of the Constitu¬ 
tion as proposed by them, together with all resolutions in connection 
therewith. 

The PRESIDENT announced that he had unintentionally omitted 
the name of Mr. Henry from the list of committees. 

Mr. A. J. SMITH moved that the President be instructed to add 
the name of Mr. Henry to the committees, which was agreed to. 

APPOINTMENTS. 

The PRESIDENT announced the following appointments: 

W. H. Yeldell, Chief Clerk of the Engrossing Department. 

D. H. Witherspoon, Bill Clerk. 

Mr. STANYARNE WILSON moved that the call by Counties be 
dispensed with, which was agreed to. 

Mr. BEHRE stated when his name was called that he was paired 
with Mr. Garris. Had Mr. Garris been present Mr. Behre would 
have voted “No” on the question relating to the awarding the print¬ 
ing for the Convention. 

Mr. STANYARNE WILSON proposed the following resolution, 
which was considered immediately and agreed to : 

Besolved , That this Convention will entertain no resolution proposing to 
revise, amend or change the Constitution, or any portion thereof, after the 
23 d instant, unless presented by one of the standing committees of the Con¬ 
vention. 





100 


JOURNAL OF PROCEEDINGS, 


Mr. GRAY presented the following resolution, which was considered 
immediately and agreed to : 

j Resolved, That Charles A. Calvo, Jr., State Printer, he authorized and 
instructed to print (500) five hundred copies of the permanent Journal of 
the proceedings of this Convention. 

Mr. GRAY presented the following, which was received as inform¬ 
ation : 


Columbia, S. C., September 16, 1895. 
To the Constitutional Convention of South Carolina. 

Gentlemen : I hereby signify my acceptance of the Convention print¬ 
ing under the terms of the Revised Statutes of 1893, in accordance with the 
action of your honorable body on the 14th instant. 

Respectfully, 

CHARLES A. CALVO, Jr. 


Mr. OTTS asked and obtained permission to have the following 
printed in the Journal : 

When the amendment to the Saluda County was recommended by the 
Committee on Counties and County Government, I was led to believe that 
the people of the proposed County were in favor of the name of Butler. 
Since that time I have become convinced that they do not want the name 
of Butler, and I shall vote accordingly. 


RESOLUTIONS. 

Mr. TIMMERMAN introduced the following resolution, which was 
read the first time and referred to the Committee on Miscellaneous 
Matters : 

AN ORDINANCE TO PROHIBIT OFFICE HOLDERS FROM GAMB¬ 
LING OR BETTING ON GAMES OF CHANCE. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, That any person holding an office of honor, trust 
or profit who shall engage in gambling or betting on games of chance shall 
become thereby disqualified from the further exercise of the functions of 
his office and that the same shall be declared vacated. 


Mr. DUDLEY introduced the following ordinance, which was read 
the first time and refered to the Committee on Legislative Depart¬ 
ment : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 101 


AN ORDINANCE TO PROVIDE FOR MARRIAGE LICENSES AND 
RECORD OF SAME, WITH BIRTHS AND DEATHS, BY CLERK OF 
COURT. 


We, the people of the State of South Carolina, in convention met, do 
ordain: 

1. That the General Assembly provide for granting marriage license and 
a record of same, together with births and deaths, by the Clerk of the 
Court of Common Pleas. 

Mr. GAMBLE introduced the following ordinance, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

AN ORDINANCE RELATING TO THE RIGHT OF SUFFRAGE. 

Section 1. All the elections by the people shall be by ballot. 

Section 2. Every male citizen of the United States, and every male citizen 
of foreign birth who may have legally declared his intention to become a 
citizen of the United States before he offers to vote, who is twenty-one 
years of age or over, possessing the following qualifications, shall be an 
elector and shall be entitled to vote at any election by the people except 
hereinafter provided: 

First. He shall have resided in the State twelve months, in the County 
six months and in the election precinct or ward three months immediately 
preceding the election at which he offers to vote: Provided , A temporary 
absence does not debar him the rights of an elector. 

Second. He must be of sound mind and duly registered as provided in 
this Article; he shall also have paid before the 1st of March of the year in 
which he shall offer to vote all taxes which may have been legally required 
of him and which he has had an opportunity of paying according to law. 

Third. Before he can register he must present to the Supervisor of Regis¬ 
tration the following certificates: 1. From the Clerk of the Court to the 
effect that he has never been guilty of any crime. 2. From the County 
Board of Examiners that he can read any Article of the Constitution or can 
give a reasonable interpretation thereof when read to him. 8. From the 
Township Board that he has .not been known to be guilty of adultery, for¬ 
nication, willfully neglecting his wife and children or maltreating either of 
them. 

Section 4. The Legislature shall provide by law for all persons to regis¬ 
ter who are entitled to vote at any election, and all persons offering to reg¬ 
ister shall take the following oath: I,-, do solemnly swear (or 

affirm) that I am twenty-one years of age and that I will have resided in 
this State one year, in the County of-six months and in the elec¬ 
tion precinct (or ward) of-three months preceding the ensuing 

election and am now in good faith a resident of the same, and that I am 
not disqualified from voting by reason of having been convicted or guilty 
of any crime named in the Constitution of this State as a disqualification 
to be an elector; that I will faithfully support the Constitution of the 
United States and the State of South Carolina, and will bear true faith and 
allegiance to the same. So help me God. 






102 


JOURNAL OF PROCEEDINGS, 


Section 5. Electors in municipal elections shall possess all the qualifica¬ 
tions herein provided, and such additional qualifications as may be pro¬ 
vided by this Constitution or by law. 

Mr. BUIST introduced the following resolution, which was read the 
first time and referred to the Committee on Legislative Department: 

RESOLUTION FORBIDDING THE GENERAL ASSEMBLY GRANT¬ 
ING EXTRA COMPENSATION UNDER CERTAIN CONDITIONS. 

Besolved by the people of South Carolina, in convention assembled, That 
the General Assembly shall never grant extra compensation, fee or allow¬ 
ance to any public officer, agent, servant or contractor, after service ren¬ 
dered or contract made, nor authorize payment or part payment of any 
claim under any contract not authorized by law; but appropriations may be 
made for expenditures in repelling invasion, preventing or suppressing 
insurrections. 

Mr. SLOAN introduced the following resolution, which was read 
the first time and referred to the Committee on Declaration of Rights : 

RESOLUTION THAT NO PERSON WHO DENIES THE EXISTENCE 
OF THE SUPREME BEING SHALL BE ELIGIBLE TO ANY 
OFFICE UNDER THIS CONSTITUTION. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, that the follow¬ 
ing provisions shall constitute Section-of Article-of the Constitution 

of this State: 

“No person who denies the existence of the Supreme Being shall be 
eligijble to any office under this Constitution.” 

Mr. ESTRIDGE introduced the following resolution, which was read 
the first time and referred to the Committee on Legislation : 

RESOLUTION PROHIBITING ATTORNEY OF A CORPORATION 
FROM HOLDING OFFICE OF SENATOR OR REPRESENTA¬ 
TIVE. 

Be it resolved and ordained by the people, in convention assembled, and 
by the authority of the same: 

1. That no attorney for any corporation shall be eligible to a seat in the 
Legislature. If any person, after his election, become attorney for any 
corporation, he shall vacate his seat. 

Mr. BOWMAN introduced the following resolution, which was 
read the first time and referred to the Committee on Judicial Depart¬ 
ment : 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 103 


RESOLUTION AMENDING ARTICLE IV OF THE CONSTITUTION, 
RELATING TO THE JUDICIAL DEPARTMENT. 

Be it ordained by the people, in convention assembled, and by the author¬ 
ity of the same: 


ARTICLE — 

Section 1. The judicial power of this State shall be vested in a Supreme 
Court, in two Circuit Courts, to-wit: A Court of Common pleas, having civil 
jurisdiction, and a Court of General Sessions, with criminal jurisdiction 
only, and in County Courts. The General Assembly shall also establish 
such municipal and other inferior courts as may be deemed necessary. 

Section 2. The Supreme Court shall be composed of the Judges of the 
several judicial circuits of the State, one of whom shall be designated by 
the Governor, by and with the advice and consent of the Senate, as the 
Chief Judge. 

Section 3. The Supreme Court shall have appellate jurisdiction only in 
cases of law and equity, under such regulations as the General Assembly 
may by law prescribe : Provided , The said Court shall always have power 
to issue writs of injunction, mandamus, quo warranto, habeas corpus, and 
such other original and remedial writs as may be necessary to give it a gen¬ 
eral supervisory control over all other courts of this State. 

Section 4. Five of said Judges shall constitute a quorum; no cause shall 
be decided without the concurrence of at least five, but the Judge who 
heard the cause below shall not participate in the decision. In every case 
an opinion in writing shall be filed within sixty days after the argument or 
submission of the cause, and the judgment of the court shall be final and 
conclusive; and all causes shall stand for a hearing at the first term after 
the transmission of the record. 

Section 5. The Supreme Court shall be held at least twice in each year 
at the seat of government, and at such other place or places as the General 
Assembly may direct. 

Section 6. There shall be appointed by the Judges of the Supreme Court 
a Reporter and a Clerk of said court, who shall hold their offices for four 
years, and whose duties and compensation shall be prescribed by law. 

Section 7. When a judgment or decree is reversed or affirmed by the 
Supreme Court, every point made and distinctly stated in writing in the 
cause and fairly arising upon the record of the case shall be considered and 
decided, and the reasons therefor shall be concisely and briefly stated in 
writing and preserved with the record of the case. 

Section 8. The Judges of the courts enumerated in this Article shall at 
stated times receive a compensation for their services, to be fixed by law, 
which shall not be diminished during their continuance in office; they shall 
not be allowed any fees or perquisites of office, nor shall they hold any 
other office of trust or profit under this State, the United States or any 
other power. 

Section 9. No person shall be eligible to the office of Judge of any of the 
courts enumerated in this Article who is not at the time of his election a 
citizen of the United States and has not attained the age of thirty years 
and been a resident of this State for five years next preceding his election. 



104 


JOURNAL OF PROCEEDINGS, 


Section 10. All vacancies in the courts enumerated in this Article shall 
he filled by elections as herein provided: Provided, That if the unexpired 
term does not exceed one year such vacancy may be filled by Executive 
appointment. All Judges by virtue of their office shall be conservators of 
the peace throughout the State. 

Section 11. The State shall be divided into convenient circuits, in each 
of which there shall be elected by the electors thereof a Judge, who shall 
hold his office for eight years, and who at the time of his election and 
during his continuance in office shall reside in the circuit of which he is 
Judge. 

Section 12. Judges of the Circuit Court shall interchange circuits with 
each other in such manner as may be determined by law. , 

Section 13. The Courts of Common Pleas shall have exclusive jurisdiction 
in all civil cases and actions ex delicto which shall not be cognizable before 
the county and inferior courts, and appellate jurisdiction in all such cases 
as may be provided by law. They shall have power to issue writs of man¬ 
damus, prohibition, scire facias and all other writs that may be necessary 
to carry their powers fully into effect. 

Section 14. The Court of Common Pleas shall sit in each judicial district 
in this State at least twice in each year at such stated times and places as 
may be appointed by law. It shall have common law and equity jurisdic¬ 
tion. The Judges thereof shall in every case file their opinions in writing 
within thirty days after the hearing of said case. 

Section 15. The Court of General Sessions shall have exclusive jurisdic¬ 
tion over all criminal cases which shall not be otherwise provided for by 
law. It shall sit in each County at least twice in each year at such stated 
times and places as the General Assembly may direct. 

Section 16. There shall be elected in each County, by the electors thereof, 
a County Judge, who shall be the Judge of the County Court of said County, 
whose term of office shall be four years until otherwise provided by law. 

Section 17. County Courts shall be courts of record, and shall have original 
jurisdiction in matters testamentary and of administration, in business 
appertaining to minors and the allotment of dower, in cases of idiocy and 
lunacy and persons no7i compos mentis. 

Section 18. The County Court shall have civil jurisdiction in all cases 
save those where the debt, damage, claim or value of property involved 
shall exceed one thousand dollars or the question of title to real estate is 
involved. It shall sit at least once in every two months. 

Section 19. The County Courts shall have criminal jurisdiction in all 
criminal cases except where the punishment is capital or life imprisonment. 

Section 20. Judges shall not charge juries in respect to matters of fact, 
but may state the testimony and declare the law. 

Section 21. There shall be an Attorney-General for the State, who shall 
perform such duties as may be prescribed by law. He shall be elected by 
the qualified electors of the State for the term of four years, and shall re¬ 
ceive for his services such compensation as may be fixed by law. 

Section 22. There shall be one Solicitor for each County, who shall reside 
therein, to be elected by the qualified electors of that County, who shall 
hold his office for the term of four years, and shall receive for his services 
such compensation as shall be fixed by law. He shall be Solicitor for the 
Circuit and County Courts in that County. He shall be legal adviser and 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 105 


attorney for the County officers. In all cases where an attorney for the 
State of any County fails to attend and prosecute according to law, the 
Court shall have power to appoint an attorney pro tempore. 

Section 23. There shall be elected in each County by the electors thereof 
one Clerk, who shall be Clerk of the Circuit and County Courts, and who 
shall hold his office for four years and until his successor is elected and 
qualified. He shall receive such compensation as shall be fixed by law. 

Section 24. The qualified electors for each County shall elect a Sheriff and 
Coroner for the term of four years and until their successors are elected and 
qualified. They shall reside in their respective Counties during their con¬ 
tinuance in office, and be disqualified for office a second time, if it should 
appear that they or either of them are in default for money collected by 
virtue of their respective offices. 

Section 25. All writs and processes shall run and all prosecutions shall be 
conducted in the name of the State of South Carolina; all writs shall be 
attested by the Clerk of the Court from which they shall be issued; and all 
indictments shall conclude, “ against the peace and dignity of the State.” 

Section 26. The General Assembly shall provide by law for the speedy 
publication of the decisions of the Supreme Court made under this Con¬ 
stitution. 

Mr. SLOAN introduced the following resolution, which was read 
the first time and referred to the Committee on Judicial Department: 

RESOLUTION FOR THE REMOVAL OF ALL CAUSES BY THE 
GENERAL ASSEMBLY TO THE COURTS CREATED BY THE 
CONSTITUTION. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the fol¬ 
lowing provisions shall constitute Section — of Article — of the Constitu¬ 
tion of this State: 

“ The General Assembly shall provide for the removal of all causes which 
may be pending when this Constitution goes into effect to the Courts 
created by the same.” 

Mr. BUIST introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

RESOLUTION FORBIDDING THE GENERAL ASSEMBLY TO DONATE 
THE PROPERTY OF THE STATE TO PRIVATE CORPORATIONS 
OR INDIVIDUALS. 

Besolved by the people of South Carolina, in convention assembled, 
That all lands belonging to, or under the control of the State, shall never 
be donated directly or indirectly to private corporations or individuals, or 
to railroad companies. Nor shall such land be sold to corporations or asso¬ 
ciations for a less price than that for which it is subject to sale to indi¬ 
viduals. 

This, however, shall not prevent the General Assembly from granting a 
right of way, not exceeding one hundred feet in width, as a mere easement 




106 


JOURNAL OF PROCEEDINGS, 


to railroads across State land, and the General Assembly shall never dis¬ 
pose of the land covered by said right of way so long as such easement 
exists. 


Mr. TAYLOR introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

RESOLUTION TO PROHIBIT THE INTERMARRIAGE OF WHITE 
PERSONS WITH NEGROES, MULATTOES, OR PERSONS OF 
MIXED BLOOD DESCENDED FROM A NEGRO. 

Be it resolved by the people of South Carolina, in convention assembled, 
and by the authority of the same, That the following be adopted as Sec¬ 
tion -and Article-of the State Constitution: 

“ Section 1. The intermarriage of white persons with negroes, mulattoes, 
or persons of mixed blood, descended from a negro, is prohibited in this 
State. The Legislature shall enforce this Section by appropriate legisla¬ 
tion.” 

Mr. ALEXANDER introduced the following resolution, which 
was read the first time and referred to the Committee on Miscella¬ 
neous Matters: 

A RESOLUTION TO PROHIBIT THE SALE OF PRODUCTS OF 
PUBLIC INSTITUTIONS IN THE MARKETS OF THIS STATE. 

Be it resolved and ordained by the people, in convention assembled, and 
by the authority of the same: 

1. That all charitable, penal and other institutions kept up by taxation in 
this State be, and the same are hereby, prohibited and forbidden to exhibit 
or offer for sale in any of the markets of this State any of the products 
thereof. 

Mr. BUIST introduced the following resolution, which was read the 
first time and referred to the Committee on Legislative Department : 

RESOLUTION FORBIDDING THE PAYMENT OF SALARIES BE¬ 
YOND THE DATE OF THE DEATH OF ANY OFFICER OF THIS 
STATE. 


Besolved by the people of South Carolina, in convention assembled, That 
the General Assembly shall not authorize payment to any person of the 
salary of a deceased officer beyond the date of his death. 

Mr. RUSSELL introduced the following resolution, which was 
read the first time and referred to the Committee on Executive De¬ 
partment : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 107 


AMENDMENT TO CONSTITUTION, ARTICLE III, SECTION 2, AND 
ALSO ARTICLE IV, SECTION 27. 

ARTICLE III. 

Section 2. The Governor shall he elected by the electors duly qualified to 
vote for members of the House of Representatives, arid shall hold his office 
for four years, and shall be ineligible for re-election. 

ARTICLE IV. 

Section 27. There shall be elected in each County, by the electors thereof, 
of, one Clerk for the Court of Common Pleas, who shall hold his office for 
four years, and uiftil his successor shall be elected and qualified, and he 
shall not be eligible to re-election beyond his second term. But he may be 
eligible after omitting one term. And the same rule as to the length of the 
term of office and as to eligibility shall apply to all other County officers, 
whether provided for in this Constitution or under laws enacted in pur¬ 
suance of it. 

Mr. SMOAK introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment: 

A RESOLUTION TO PROHIBIT MEMBERS OF THE LEGISLATURE 
FROM VOTING ON MEASURES OR BILLS IN WHICH THEY HAVE 
A PERSONAL INTEREST. 

A member of the General Assembly who has a personal or private inter¬ 
est in any measure or bill proposed or pending before the General Assem¬ 
bly shall disclose the fact to the House of which he is a member, and shall 
not vote thereon. 

Mr. TIMMERMAN introduced the following resolution, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 

AN ORDINANCE TO PENSION CERTAIN CONFEDERATE 

SOLDIERS. 

Be it resolved and ordained by the people of South Carolina, in convention 
assembled, and by the authority of the same, That all soldiers who did 
service as soldiers in the Confederate army from the State of South Caro¬ 
lina and who lost a limb or an eye or both in said service shall receive an 
annual pension of seventy-five dollars; and that the General Assembly be, 
and is hereby, required to provide for the carrying out of the same. 

The PRESIDENT submitted the following communication to the 
Convention, which was read the first time and referred to the Com¬ 
mittee on Charitable and Penal Institutions: 







108 


JOURNAL OF PROCEEDINGS, 


CHARLESTON REFORMATORY SCHOOL. 

L. W. Jenkins, President . W. J. Smith, Secretary. 

Charleston, S. C., Sept. 10, 1895. 

To the Honorable the Constitutional Convention of South Carolina , 

in Convention Assembled: 

The undersigned petitioners, residents and tax payers of the State 
of South Carolina, respectfully represent that they are engaged in the 
establishment of a Reformatory School for colored bojs and girls in the 
city of Charleston, State of South Carolina. 

Feeling and knowing that the success of such an institution depends 
upon the approval of the citizens of the State in which it is located, 
they most respectfully make application and solicit your attention to 
this worthy object, and that they, your petitioners, fully believe that 
such action on your part would be in favor of the best interest of the 
city of Charleston, and of the State of South Carolina, and would be 
in complete accord with the will of the people; and your petitioners as 
in duty bound, will ever pray, etc. 

L. W. Jenkins. 

J. G. Holmes. 

Geo. W. Curtis. 

W. J. Smith. 

R. W. Holman. 

Mr. R. F. SMITH introduced the following ordinance, which was 
read the first time, and referred to the Committee on Judicial Depart¬ 
ment : 

AN ORDINANCE PROVIDING FOR KEEPING RECORD OF 
MARRIAGES. 

Be it ordained by the people of South Carolina, in convention assembled, 
and by the authority of the same, That the Legislature shall, at its first ses¬ 
sion after the adoption of this Constitution, provide suitable laws to secure 
the keeping of a record of all marriages hereafter solemnized in this State. 

Mr. BELLINGER introduced the following resolution, which was 
read the first time, and referred to the Committee on Corporations : 

RESOLUTION RELATING TO THE CHARTERS OF BANKING 
CORPORATIONS. 

We, the people of the State of South Carolina, in convention assembled, 
do ordain : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 109 


That no charter shall he granted for hanking purposes, nor to renew any 
hanking corporations now in existence, except upon the condition that said , 
hanking institution or corporation shall forfeit its charter should it at any 
time violate any provisions of the usury laws of this State ; and it shall he 
the duty of the Attorney General and each of the State’s attorneys to insti¬ 
tute proceedings to enforce this forfeiture whenever the facts justifying it 
are made known to them. 

Mr. SLOAN introduced the following resolution, which was read 
the first time and referred to the Committee on Finance and Taxa¬ 
tion : 

RESOLUTION AS TO THE ESTABLISHMENT AND ADJUSTMENT 
OF CLAIMS AGAINST THE STATE. 

Be it resolved and ordained hy the people of the State of South Caro¬ 
lina, in convention assembled, and hy the authority of the same, That the 

following provisions shall constitute Section - of Article -of the 

Constitution of this State: 

The General Assembly shall direct hy law the manner in which claims 
against the State may he established and adjusted. 

Mr. SLOAN introduced the following resolution, which was read 
the first time, and referred to the Committee on Legislative Depart¬ 
ment : 

RESOLUTION AS TO THE PRINTING OF THE LAWS, JOURNALS, 
BILLS AND LEGISLATIVE DOCUMENTS AND PAPERS FOR 
EACH BRANCH OF THE GENERAL ASSEMBLY. 

Be it resolved and ordained hy the people of the State of South Carolina, 
in convention assembled, and hy the authority of the same, That the fol¬ 
lowing provisions shall constitute Section-of Article-of the Con¬ 

stitution of this State: 

The printing of the laws, journals, hills, legislative documents, and papers 
for each branch of the General Assembly, with the printing required for all 
the departments of the State, shall he let, on contract, to the lowest and 
most responsible bidder, in such manner as shall he prescribed hy law. 

Mr DUDLEY introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Department: 

AN ORDINANCE TO PROVIDE A SUPREME COURT AND MANNER 

OF ELECTION. 

We, the people of the State of South Carolina, in convention met, do 
ordain: 

1. That the Supreme Court shall consist of one Chief Justice and three 
Associate Justices, to he elected hy the General Assembly. 

2. That the members of said Court shall hold their offices for the term of 
eight years from the date of election and qualification. 




110 


JOURNAL OF PROCEEDINGS, 


3. That the opinion of the Circuit Judge who has tried the case appealed 
shall, in case of an equal division of the Supreme Court, determine the 
decision of the Court. 

4. At the expiration of eight years of service the members of such Court 
shall be eligible to election for life. 

5. No Supreme Court Judge shall exercise the functions of his office after 
he attains the age of seventy-five years. 

6. The General Assembly may provide a pension for such retired mem¬ 
ber, if in need, not to exceed one-fourth of the yearly pay of an active 
member of said Court. 

Mr. PARLER introduced the following ordinance, which was read 
the first time and referred to the Committee on Rights of Suffrage : 

AN ORDINANCE RELATING TO SUFFRAGE. 

Be it ordained by the people of the State of South Carolina, in conven¬ 
tion assembled, and by authority of the same : 

1st. All the elections of the people shall be by ballot. 

2nd. Every male inhabitant of the State of South Carolina of the age of 
twenty-one years and upwards shall be entitled the right to vote. 

3rd. Every female inhabitant of the State of South Carolina of the age 
of twenty-one years and upwards, who own in their own right property to 
the value of three hundred dollars and who are possessed of sufficient edu¬ 
cation so as to read the Constitution of South Carolina as a whole or in 
part and can write their names, shall be possessed of the right of registra¬ 
tion and of selecting an agent, with written authority, to cast their ballot 
at all elections held by the people. 

4th. No person shall be registered as an elector or allowed to vote who is 
of unsound mind, or who has been or may be convicted in any Court of 
treason, theft, arson, perjury, forgery, murder, bigamy or obtaining goods 
under false pretenses, and who has not paid the poll taxes due by him for 
the two years preceding such registration, and an exhibit of such tax 
receipt shall be necessary in order to register. 

5th. No person shall be registered or allowed to vote unless they have 
been a resident of the State of South Carolina two years, the County one 
year and the election precinct in which he offers to vote six months pre¬ 
ceding the next election to be held. 

Oth. Nothing in this ordinance shall be so construed so as to require any 
female elector to do any public duty. 

7th. The Legislature shall, at its next session, enact such law as will 
insure a proper and honest registration of all entitled to the right to vote 
under this ordinance. 

Mr. TAYLOR introduced the following resolution, which was read 
the first time and referred to the Committee on Rights of Suffrage: 

RESOLUTION RELATING TO THE QUALIFICATION FOR OFFICE. 

Be it resolved by the people of South Carolina, in convention assembled, 

and by authority of the same, that the following be adopted as Section-, 

Article-, of the State Constitution: 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. Ill 


Section 1. No person who denies the being of God, or a future state of 
reward and punishment, shall hold any office in the civil department of 
this State. 

Mr. SMOAK introduced the following resolution, which was read 
the first time and referred to the Committee on Executive Depart¬ 
ment: 


A RESOLUTION 


TO DEFINE THE CONDITIONS OF EXECUTIVE 
PARDONS. 


Pardons in cases of murder, arson, burglary, rape, assault with attempt 
to commit rape, bribery and larceny, shall not relieve from civil and politi¬ 
cal disability; but the person so pardoned may, at the expiration of five 
years, be restored to his forfeited privileges by a two-third vote of the 
General Assembly, provided he prove conclusively that his life and con¬ 
duct has been exemplary during that period. 


Mr. SMALLS introduced the following resolution, which was read 
the first time and referred to the Committee on Rights of Suffrage: 


ORDINANCE TO REGULATE THE RIGHT OF SUFFRAGE. 

We, the people of South Carolina, by our delegates in convention assem¬ 
bled, do hereby declare and ordain: 

Section 1. In all elections by the people, the electors shall vote by 
ballot. 

Section 2. Every male citizen of the United States, of the age of twenty- 
one years and upwards, not laboring under the disabilities named in this 
Constitution, without distinction of race, color, or former condition, who 
shall be a resident of this State at the time of the adoption of this Consti¬ 
tution, or who shall thereafter reside in this State one year, and in the 
County in which he offers to vote sixty days next preceding any election, 
shall be entitled to vote for all officers that are now, or hereafter may be, 
elected by the people, and upon all questions submitted to the electors at 
any elections: Provided, That no person shall be allowed to vote or hold 
office who is now, or hereafter may be, disqualified therefor by the Consti¬ 
tution of the United States, until such disqualification shall be removed by 
the Congress of the United States: Provided, further, That no person 
while kept in any alms house or asylum, or of unsound mind, or confined 
in any public prison, shall be allowed to vote or hold office. 

Section 3. It shall be the duty of the General Assembly to provide from 
time to time, for the registration of all electors. 

Section 4. For the purpose of voting, no person shall be deemed to have 
lost his residence by reason of absence while employed in the service of 
the United States, nor while engaged upon the watery of this State, or the 
United States, or the high seas, nor while temporarily absent from the 
State, or removing from one house to another, or from one place to another 
in the same precinct. 



112 


JOURNAL OF PROCEEDINGS, 


Sec. 5. No soldier, seaman or marine in the army or navy of the United 
shall he deemed a resident of this State in consequence of having been 
stationed therein. 

Sec. 6. Electors shall, in all cases, except treason, felony or breach of the 
peace, be privileged from arrest and civil process during attendance at 
elections, and in going to and return from the same. 

Sec. 7. Every person entitled to vote at any election shall be eligible to 
any office which now is or hereafter shall be elective by the people in the 
County where he shall have resided sixty days previous to such election, 
except as otherwise provided in this Constitution or the Constitution and 
laws of the United States. 

Sec. 8. The General Assembly shall never pass any law that will deprive 
any of the citizens of this State of the right of suffrage, except for treason, 
murder, robbery or dueling, whereof the persons shall have been duly 
tried and convicted. 

Sec. 9. Presidential electors shall be elected by the people. 

Sec. 10. In all elections, State and Federal, there shall be but one ballot 
box, and one ticket for each party or faction thereof, with the names of all 
the candidates thereon. There shall be three Commissioners of Election for 
each County, and three Managers for each polling precinct, not more than 
two of whom shall be of the same political party. 

Sec. 11. In all elections held by the people under this Constitution, the 
person or persons who shall receive the highest number of votes shall be 
declared elected. 

GENERAL ORDERS AND RESOLUTIONS. 

SECOND READING ORDINANCES. 

Mr. D. S. HENDERSON moved the following: 

Resolved, That Nos. 5, 6 and 7 of General Orders be recommitted to the 
committee reporting same, to be reported when they report an Article of 
the Constitution. 

Which was agreed to. 

THIRD READING ORDINANCES. 

No. 1. Report of committee on new County, to be called Saluda 
County. 

Mr. B. R. TILLMAN moved to amend the ordinance by striking 
out the word “ Butler” wherever it occurs in the title or body of the 
ordinance and inserting the word Saluda” in lieu thereof. 

After debate, participated in by Messrs. B. R. Tillman, Irby, Stan- 
yarne Wilson, George Johnstone, G. D. Tillman, Behre, Talbert, 
Watson, Moore and Timmerman, Mr. Stanyarne Wilson moved to 
indefinitely postpone the whole matter; upon which the yeas and nays 
were called. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 113 


The question being put: ‘‘Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 58 ; nays, 84. 

Those who voted in the affirmative are : 

Yeas—Messrs. Ashe, Atkinson, Barry, Bates, Behre, Berry, Bobo, 
J. S. Brice, Bryan, Burn, Carver, Cunningham, Douglass, Doyle, 
Ellerbe, Fitch, Fraser, Gage, Gary, J. L. Glenn, Graham, Hamel, 
Haynsworth, Hemphill, Henry, Houser, Howell, T. E. Johnson, Wilie 
Jones. E. J. Kennedy, Lee, McDermotte, McGowan, Meares, Mitch¬ 
ell, Nash, Nicholson, Parler, Patton, Peake, Perritte, Redfearn, I. R. 
Reed, Rogers, Rowland, Smalls, A. J. Smith, R. F. Smith, Smoke, 
Stackhouse, Stribling, Taylor, Waters, Whipper, A. H. White, Wigg, 
Stauyarne Wilson and W. B. Wilson—58. 

Those who voted in the negative are: 

Nays—Hon. Jno. Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Austin, Barton, Bellinger, Bowman, Bradham, 
Breazeale, T. ,W. Brice, Buist, Byrd, Cantey, Clayton, Cooper, De- 
Hay, Dennis, Dent, Derham, Dudley, Efird, Estridge, W. D. Evans, 
Farrow, Field, Floyd, Gamble, Garris, J. P. Glenn, Gooding, Gray, 
Gunter, Harris, Harrison, D. S. Henderson, Wm. Henderson, Hiers, 
Hodges, Irby, George Johnstone, Ira B. Jones, Keitt, J. W. Ken¬ 
nedy, Lowman, McCown, McKagen, McMahan, McMakin, McWhite, 
Matthews, Miller, Moore, Morrison, Mower, Murray, Nathans, Oliver, 
Otts, Parrott, Patterson, Prince, Ragsdale, Rosborough, Russell, 
Sheppard, Shuler, Singletary, Sloan, Jeremiah Smith, W. C. Smith, 
Sprott, Stokes, Sullivan, Talbert, B. R. Tillman, G. D. Tillman, 
Timmerman, Watson, Wells, Wharton, S. E. White, Wiggins, Wink¬ 
ler and Woodward—85. 

So the Convention refused to indefinitely postpone the ordinance. 

Mr. HAYNSWORTH asked and obtained leave of absence for 
himself and Mr. McMahan for the balance of the day to attend the 
funeral of a relative. 

Mr. PATTERSON moved the previous question, which was duly 
seconded. 

The question being the motion of Mr. B. R. Tillman to strike out 
“ Butler” wherever it occurs in the body or title of the resolution and 
insert the word “ Saluda" in lieu thereof. This being duly seconded, 
the yeas and nays were demanded. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

8—500 



114 


JOURNAL OF PROCEEDINGS, 


The yeas and nays were requested, and are as follows: 

Yeas, 80; nays, 54. 

Those who voted in the affirmative are : 

Yeas—Hon. Jno. Gary Evans, President, and Messrs. Alexander, 
Austin, Barton, Behre, Bellinger, Bobo, Bowman, Bradham, Breazeale, 
Buist, Byrd, Cantey, Clayton, Cooper, Cunningham, Dellay, Dennis, 
Dent, Douglass, Dudley, Efird, Estridge, W. D. Evans, Field, Floyd, 
Gamble, Garris, Gary, J. P. Glenn, Gooding, Graham, Gunter, Hamel, 
Harris, Harrison. Hemphill, Wm. Henderson, Henry, Hiers, Hodges, 
Houser, T. E. Johnson, Keitt, J. W. Kennedy, Lowman, McCown, 
McKagen, McMakin, Me White, Matthews, Moore, Morrison, Murray, 
Nicholson, Oliver, Otts, Parrott, Patterson, Prince, Redfearn, Rus¬ 
sell, Shuler, Singletary, W. C. Smith, Smoke, Sprott, Stackhouse, 
Stokes, Stribling, Talbert, Taylor, B. R. Tillman, Timmerman, Wat¬ 
son, Wells, Whipper, Wiggins, Winkler and Woodward.—80. 

Those who voted in the negative are: 

Nays—Messrs. Aldrich, Anderson, Atkinson, Barry, Bates, Berry, J. 
S. Brice, T. W. Brice, Burn, Carver, Derham, Doyle, Ellerbe, Farrow, 
Fraser, Gage, J. L. Glenn, Gray, Howell, Irby, George Johnstone, 
Ira B. Jones, Wilie Jones, E. J. Kennedy, Lee, McCaslan, McGowan, 
Meares, Miller, Mower, Nash, Parler, Patton, Peake, Ragsdale, I. R. 
Reed, Rogers, Rosborough, Rowland, Sheppard, Sloan, Smalls, A. J. 
Smith, Jeremiah Smith, R. F. Smith, Sullivan, G. D. Tillman, 
Waters, Wharton, A. H. White, S. E. White, Wigg, Stanyarne 
Wilson and W. B. Wilson.—54. 

So the Convention agreed to the amendment proposed by Mr. B. R. 
Tillman. 

Mr. PATTERSON moved to reconsider the vote whereby the Con¬ 
vention agreed to the amendment, and to lay that motion on the 
table; which was agreed to. 

Mr. TIMMERMAN moved to amend as follows : Add after the 
name “Stevens,” on the eighteenth line of printed Bill, the names: 
James P. Bean, C. P. Boozer, John R. Watson, and J. B. Suddath ; 
which was agreed to. 

The ordinance, as amended, was read the third time. 

The question being put: “ Shall this ordinance be adopted ?” 

it was decided in the affirmative, the ordinance was then referred to 
the Committee on Order, Style and Revision. 

On motion of Mr. IRBY, at 4:15 P. M. the Convention adjourned 
until 11 A. M. to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 115 


SEVENTH DAY. 


Tuesday, September 17, 1895. 


The Convention assembled at 11 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 
APPOINTMENTS. 

The PRESIDENT appointed Mr. Henry as one of the Committee 
on Suffrage, also as one of the Committee on Counties and County 
Government. 

The PRESIDENT proceeded to call by Counties for Memorials, 
Resolutions and such like papers. 

On motion of Mr. GEO. JOHNSTONE, the call by Counties was 
dispensed with. 

Mr. S. E. WHITE introduced the following resolution, which was 
read the first time and referred to the Committee on Counties and 
County Government: 

RESOLUTION CHANGING NAMES OF JUDICIAL DIVISION FROM 
COUNTIES TO DISTRICTS. 

LEGISLATIVE DEPARTMENT.—ARTICLE 2, SECTION 3. 

Be it resolved and ordained by the people of South Carolina, in conven¬ 
tion assembled, and by the authority of the same, That the following pro¬ 
visions shall constitute Section - of Article-of the Constitution of 

the State: 

The judicial divisions and election districts heretofore known as Counties 
shall hereafter be designated and known as Districts. 

Mr. CLAYTON introduced the following resolution, which was 
read the first time and referred to Committee on Judicial Depart¬ 
ment : 







116 


JOURNAL OF PROCEEDINGS, 


ARTICLE - 

The Judicial Department, so far as the Same Relates to the 

Courts of this State. 

Section 1. The judicial power of this State shall be vested in a Supreme 
Court, a Court of Common Pleas having civil jurisdiction, and a Court of 
General Sessions having criminal jurisdiction only, a County Court having 
limited jurisdiction both civil and criminal, Justices of the Peace, and such 
municipal courts as the Legislature may think proper to establish. 

Section 2. The Supreme Court shall consist of a Chief Justice and two As¬ 
sociate Justices, any two of whom shall constitute a quorum. They shall be 
elected by the joint vote of the General Assembly for the term of six years, 
and shall be so classified that one of the Justices shall go out of office every 
two years. 

Section 3. The Supreme Court shall have appellate jurisdiction only in 
cases of chancery, and shall constitute a court for the correction of errors 
at law, under such regulations as the General Assembly may by law pre¬ 
scribe : Provided, The said Court shall always have power to issue writs of 
injunction, mandamus, quo warranto, habeas corpus, and such other 
original and remedial writs as may be necessary to give it a general super¬ 
visory control over all other courts of the State. 

Section 4. The Supreme Court shall be held at least twice in each year 
at the seat of government. 

Section 5. No Judge shall preside in the trial of any cause in the event 
of which he is interested, has been of counsel, or is connected with either 
party, by affinity or consanguinity within such degrees as may be pre¬ 
scribed by law; and in case any or all of the Judges are disqualified from 
presiding in any cause or causes, the Court or the Judges thereof shall certify 
the same to the Governor of the State, who shall at once commission, 
specially, the requisite number of men learned in the law for the trial and 
determination thereof. The same course shall be pursued in the Circuit 
and County Courts as is prescribed in this Section for cases of the Supreme 
Court. 

Section 6. The Judges of the Supreme Court shall appoint a Reporter and 
Clerk for said Court, who shall hold office for two years, and receive such 
compensation and perform such duties as shall be prescribed by law. 

Section 7. When a judgment or decree is reversed or affirmed by the 
Supreme Court, every point made and distinctly stated in writing in the 
cause, and fairly arising upon the record of the case, shall be considered 
and decided, and the reasons therefor shall be concisely and briefly stated 
in writing and presented with the records of the case. 

Section 8. The Judges of the Supreme Court and the Circuit Courts shall 
at stated times receive for their services a compensation to be fixed by law, 
which shall not be diminished during their term of office. They shall not 
be allowed fees or perquisites, and shall hold no other office of profit or 
trust under this State or the United States. 

Section 9. No person shall be eligable to the office of Judge of the 
Supreme Court or Circuit Courts who is not at the time of his election a 
citizen of the United States, and a qualified voter under the law of this 
State, and has not attained the age of thirty-five years, and have practiced 
law for ten years. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 117 


Section 10. Vacancies in the office of Judges of the Supreme Court, and 
of the other Courts provided herein, shall he filled by elections herein pro¬ 
vided, unless the unexpired term is less than one year, when they may be 
filled by Executive appointment. All Judges are, by virtue of their offices, 
conservators of the peace. 

Section 11. In all cases decided by the Supreme Court a concurrence of 
two of the Judges shall be necessary to a decision. 

Section 12. The State shall be divided into convenient Circuits, and for 
each Circuit a Judge shall be elected by a joint ballot of the General Assem¬ 
bly, who shall hold his office for a term of four years, and during his con¬ 
tinuance in office he shall reside in the Circuit in which he is Judge. 

Section 13. Judges of the Circuit Courts shall interchange Circuits with 
each other in such manner as may be determined by law. 

Section 14. The Courts of Common Pleas shall have exclusive original 
jurisdiction in all civil cases and actions ex delicto which shall not be cog¬ 
nizable before the County Courts and Justices of the Peace, and appellate 
jurisdiction in all such cases as may be provided by law. They shall have 
power to issue writs of mandamus, prohibition, scire facias , and all other 
writs which may be necessary for carrying their powers fully into effect. 

Section 15. The Court of Common Pleas shall sit in each Judicial District 
in this State at least twice in every year at such times and places as may be 
appointed by law. It shall have jurisdiction in all matters of equity. 

Section 16. It shall be the duty of the Judges of the Supreme and Circuit 
Courts to file their decisions within sixty days from the last day of the term 
of Court at which the causes were heard. 

Section 17. The Court of General Sessions shall have exclusive jurisdic¬ 
tion of all criminal cases not otherwise provided for by law, and shall sit in 
each County in the State at least three times during the year. 

Section 18. Judges shall not charge juries in respect to matters of fact, 
but may state the testimony and declare the law. 

Section 19. There shall be in each County a County Court, presided over 
by a Judge to be elected by the qualified voters of the County, and who 
shall hold his office for the term of four years, and who shall receive such 
compensation as may be provided by law, and be permitted to practice in 
the Supreme and Circuit Courts in cases which have not been before his 
Court. 

Section 20. The County Courts shall have jurisdiction in all civil 
cases and actions ex delicto where the amount involved does not ex¬ 
ceed the sum of three hundred dollars, and in all matters testamentary 
and of administration, in business appertaining to minors and the allot¬ 
ment of dower, in cases of lunacy and idiocy and persons non compos 
mentis, and criminal jurisdiction in all misdemeanors. 

Section 21. Procedure in the County Courts shall conform as near as pos¬ 
sible to that of the Circuit Courts : Provided, That the intervention of the 
grand jury shall not be necessary, and trial juries shall consist of six 
jurors. 

Section 22. The County Court shall hold its sessions every two months in 
the year for the trial of causes and shall be open at all times in matters 
heretofore devolving upon the Probate Court and causes in which a jury has 
been waived. 








118 


JOURNAL OF PROCEEDINGS, 


Section 23. The Clerk of the Circuit Court shall be the Clerk of the 
County Court. 

Section 24. The Sheriff of the County shall attend upon the sessions of 
the County Courts and serve its process. 

Section 25. There shall be in each County a number of Justices of the 
Peace to be prescribed by law, who shall be appointed by the Governor of 
the State for a term of two years, and who shall receive such compensa¬ 
tion as shall be fixed by the Legislature. 

Section 26. The jurisdiction of Justices of the Peace in matters criminal 
shall be that of a committing officer. They shall issue warrants of arrest, 
and if upon a probable cause shown shall commit to jail or bind over to 
the proper Court the parties charged. In matters civil, they may try cases 
at law where the amount involved does not exceed twenty dollars. 

Mr. J. L. GLENN introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 

RESOLUTION PROVIDING FOR LEVYING AND COLLECTING A 
TAX FOR THE SUPPORT OF PUBLIC SCHOOLS. 

Resolved, That the Legislature annually levy a tax, not exceeding two 
mills, on all the taxable property in the State, for the support and benefit 
of the Public Schools of the State. 

That the Legislature shall provide by law for the collection of said tax. 

That the amounts realized from said tax shall be divided among the sev¬ 
eral school districts in the several Counties in proportion to the amounts 
paid by the said school districts. 

That the funds belonging to the several school districts shall be divided 
among the schools in said school district by the Trustees of the school dis¬ 
trict. 

That the tax payers of any school district may make an additional levy 
on the taxable property in their school district for the support of the Public 
Schools in said district: Provided, The same shall never exceed three 
mills. 

That the Legislature shall provide by law for the manner of levying and 
collecting said additional tax. 

Mr. McWHITE introduced the following resolution,which was read 
the first time and referred to the Committee on Charitable and Penal 
Institutions: 

RESOLUTION TO PROVIDE PUNISHMENTS, PENAL INSTITUTIONS 
AND PUBLIC CHARITIES. 

Resolved, 1st. The following punishments only shall be known to the 
laws of this State, viz.: Death; imprisonment, with or without hard labor; 
fines; removal from office; and disqualification to hold and enjoy any office 
of honor, trust or profit under this State. The foregoing provision for im¬ 
prisonment with hard labor shall be construed to authorize the employ¬ 
ment of such convict labor on public works or highways or other labor for 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 119 


public benefit, and the farming out thereof where and in such manner as 
may be provided by law; but no convict shall be farmed out who has been 
sentenced on a charge of murder, manslaughter, rape, attempt to commit 
a rape or arson : Provided, That no convict whose labor may be farmed out 
shall be punished for any failure of duty as a laborer except by a respon¬ 
sible officer of the State; but the convicts so farmed out shall be at all 
times under the supervision and control, as to their government and dis¬ 
cipline, of the Penitentiary Board or some officer of the State. 

2d. The object of punishment being not only to satisfy justice, but also 
to reform the offender, and thus prevent crime, murder, arson, burglary 
and rape, and these only, may be punishable with death if the General As¬ 
sembly shall so enact. 

3d. That the General Assembly shall, at any of its sessions, make ample 
provision for the support, maintenance, control and improvement of the 
Penitentiary as now established. 

4th. The General Assembly may provide for the erection of houses of 
correction, where vagrants and persons guilty of misdemeanors shall be 
restrained and usefully employed. 

5th. A house or houses of refuge may be established, whenever the public 
interest may require it, for the correction and instruction of other classes 
of offenders. 

6th. It shall be required by competent legislation that the structures and 
superintendence of penal institutions of the State, the County jails and city 
police prisons, secure the health and comfort of the prisoners, and that 
male and female prisoners be never confined in the same room or cell. 

7th. Beneficent provision for the poor, the unfortunate and orphan being- 
one of the first duties of a civilized and Christian State, the General As¬ 
sembly shall, at its first session, appoint and define the duties of a Board of 
Public Charities, to whom shall be intrusted the supervision of all charita¬ 
ble and penal State institutions, and who shall annually report to the Gov¬ 
ernor upon their condition, with suggestions for their improvement. 

8th. There shall also, as soon as practicable, be measures devised by the 
State for the establishment of one or more orphan houses, where destitute 
orphans may be cared for, educated and taught some business or trade. 

9th. It shall be the duty of the Legislature, as soon as practicable, to de¬ 
vise means for the education of idiots and inebriates. 

10th. The General Assembly shall provide that all the deaf mutes, the 
blind and the insane of the State shall be cared for at the charge of the 
State. 

11th. It shall be steadily in view by the Legislature and the Board of 
Public Charities that all penal and charitable institutions should be made 
as nearly self-supporting as is consistent with the purposes of their crea¬ 
tion. 

Mr. LYBRAND introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 

RESOLUTION PROPOSING AMENDMENT TO ARTICLE X OF THE 
PRESENT CONSTITUTION, RELATING TO THE PUBLIC 
SCHOOLS OF THIS STATE. 

The supervision of public instruction shall be vested in a State Board of 
Education, consisting of three members, of which the Comptroller General 




120 


JOURNAL OF PROCEEDINGS, 


shall he Chairman, and the other two members elected by the General 
Assembly, to serve the same length of time as other State officers provided 
for in this Constitution. The Chairman shall be director in chief of all the 
public schools in this State, but he may call the whole Board together at 
such times as he thinks proper, to hear appeals, to prepare and conduct 
examinations, etc.: Provided, Said Board shall not be in session more than 
twenty days in any one year. The two elective members shall receive as 
compensation, for actual services, three dollars per diem and live cents per 
mile each way. 

Section 2. Each County in this State shall have a County Board of Edu¬ 
cation, composed of the Board of Township Commissioners, of which the 
County Supervisor shall be Chairman. 

Section 3. An annual tax of two (2£) and one-half mills shall be levied 
on all taxable property in this State for free common schools; also a poll 
tax of one dollar on every able-bodied male between the ages of 21 and 50 
years, except such as are exempt by Act of the Legislature for physical 
disability; and no other poll tax shall be levied in this State. These taxes 
shall be levied and collected as well as paid out by the regular constituted 
officers in the same manner and at the same time as other taxes are levied 
and collected. In paying said taxes every taxpayer shall have the right to 
say the particular (free) school which said taxes shall be applied to: Pro¬ 
vided, No money thus paid shall go out of the school district in which it is 
paid; and should there be no school in any district, then the funds collected 
in such district shall go into the general school fund and shall be prorated 
among all the schools in the County as per the average attendance. 

Section 4. The Legislature shall make suitable provision to carry out 
this Article. 

Mr. GOODING introduced the following resolution, which was read 
the first time and referred to the Committee on Charitable and Penal 
Institutions : 

PROPOSED ARTICLE OF PENAL AND CHARITABLE INSTITU¬ 
TIONS. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the fol¬ 
lowing shall form Article-Section-of the Constitution of the State: 

Section 1. Institutions for the care of the insane, blind, deaf and dumb, 
and the poor, shall always be fostered and supported by this State, and 
shall be subject to such regulations as the General Assembly may direct. 

Section 2. The Superintendent of the State Hospital for the Insane, who 
shall be a physician, and the Regents of said Hospital shall be appointed 
by the Governor by and with the advice and consent of the Senate. All 
other physicians, officers and employees of the Hospital shall be appointed 
by the Regents. 

Section 3. The respective Counties of this State shall make such provi¬ 
sions as may be determined by law for all those inhabitants who, by reason 
of age, infirmities and misfortunes, may have a claim upon the sympathy 
and aid of society. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 121 


Section 4. Tlie Directors of the benevolent and other State institutions, 
which may he hereafter created shall be appointed by the Governor by 
and with the advice and consent of the Senate. 

Section 5. It shall be the duty of the General Assembly at its next session 
to create a Board of Public Charities, to whom shall be intrusted the super¬ 
vision of all charitable and penal State institutions, including County and 
municipal prisons and jails. Said Board of Charities to report to the Gov¬ 
ernor annually as to their condition with suggestions for their improvement. 

Mr. W. B. WILSON introduced the following resolution, which was 
read the first time and referred to the Committee on Suffrage: 

A RESOLUTION REGULATING THE RIGHT OF SUFFRAGE. 

Be it resolved and ordained by the people of the State of South Carolina, in 
Convention assembled, and by the authority of the same, That the follow¬ 
ing provisions shall constitute Section-of Article-of the Consti¬ 

tution of said State: 


ARTICLE —. 

Section 1. In all elections by the people the electors shall vote by ballot. 

Section 2. Every male inhabitant of this State, except idiots, insane per¬ 
sons and Indians not taxed, who is a citizen of the United States, twenty- 
one years old, who has resided in this State one year, and in the County in 
which he otters to vote six months, and who is duly registered as provided 
in this Article, and who has never been convicted of bribery, burglary, 
arson, larceny, obtaining money or goods under false pretenses, perjury, 
forgery, embezzlement or bigamy, and who has paid for the preceding fiscal 
year all poll and other taxes which may have been legally required of him, 
and which he has had an opportunity of paying according to law, and who 
shall produce satisfactory evidence to the officers holding the election that 
he has paid said taxes, and who, in addition to the foregoing qualifications, 
shall be able to read any Section of the Constitution of this State submit¬ 
ted to him, or shall be able to understand or give a reasonable interpreta¬ 
tion thereof when read to him, or who for the preceding fiscal year has, for 
himself, or as guardian, trustee or husband, returned and paid taxes to the 
State on property to the value of five hundred dollars, is declared to be a 
qualified elector. 

Section 3. The Legislature shall provide by law for the registration of all 
persons entitled to vote at any election, and no one shall be allowed to vote 
at any election who has not been duly registered under the Constitution 
and laws of this State by an officer or officers of the State legally author¬ 
ized to register the voters thereof. 

Section 4. Suitable remedies, by appeal or otherwise, shall be provided by 
law to correct illegal or improper registration, and to secure the elective 
franchise to those who may be illegally or improperly denied the same. 

Section 5. There shall be provided separate and distinct ballots and ballot 
boxes at all elections for the following offices, to wit: 

1. Governor and Lieutenant-Governor. 

2. Other State officers. 







122 


JOURNAL OF PROCEEDINGS, 


0. Circuit Solicitor. 

4. State Senator. 

5. Members of the House of Representatives. 

6. County officers. 

7. Representatives in Congress. 

8. Presidential electors. 

On which ballots shall be the name or names of the person or persons 
voted for as such officers, respectively, and the office for which they are 
voted: Provided, That whenever a vote is to be taken on any special ques¬ 
tion or questions, a separate box shall be provided and properly labeled 
for that purpose, and the ballots therefor shall be deposited therein. 

Section 6. Electors in municipal elections shall possess all the qualifica¬ 
tions herein prescribed, and such additional qualifications as may be pro¬ 
vided by law. 

Section 7. The Legislature shall enact laws to secure fairness and to 
punish frauds in party primary elections, conventions or other methods of 
naming party candidates. 


Mr. WHARTON introduced the following resolution, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 

RESOLUTION FOR THE RELIEF OF DISABLED AND AGED CON¬ 
FEDERATE SOLDIERS AND THEIR WIDOWS. 

j Resolved, That the General Assembly, at its next session, shall make a 
permanent appropriation for the disabled and aged Confederate soldiers and 
their widows. 

Mr. SULLIVAN introduced the following resolution, which was 
read the first time and referred to the Committee on Printing : 

RESOLUTION RELATING TO PUBLIC PRINTING AND THE FUR¬ 
NISHING OF SUPPLIES FOR PUBLIC OFFICES, AMENDING 
ARTICLE XIV, SECTION VII, OF THE PRESENT CONSTITU¬ 
TION. 

Be it resolved by the people of South Carolina, in convention assembled, 
That the following provision shall constitute Section — of Article — of the 
Constitution of this State : 

All printing, stationery, paper and fuel used in the legislative and other 
departments of government shall be furnished, and the printing, binding 
and distributing of the laws, journals, department reports, legislative doc¬ 
uments, and all other printing and binding, and the repairing and furnish¬ 
ing the halls and rooms used for the meetings of the General Assembly and 
its committees, shall be performed under contract, to be given to the lowest 
responsible bidder, below such maximum price and under such regulations 
as shall be prescribed by law. No member or officer of any department of 
the government shall be in any way interested in such contracts; and all 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 123 


such contracts shall be subject to the approval of the Governor and State 
Treasurer. 


Mr. BUIST introduced the following resolution, which was read 
the first time and referred to the Committee on Finance and Taxa¬ 
tion : 

RESOLUTION TO AMEND ARTICLE X OF THE CONSTITUTION 
OF THIS STATE, PROHIBITING THE PROPERTY OR CREDIT 
OF THE STATE, OF ANY COUNTY, CITY, TOWN, TOWNSHIP, 
SCHOOL DISTRICT, FROM BEING DONATED, LOANED, &c., 
TO DENOMINATIONAL INSTITUTIONS. 

Resolved by the State of South Carolina, in convention assembled, That 
the property or credit of the State of South Carolina, or of any County, city, 
town, township, school district or other subdivision of the said State, or 
any public money, from whatever source derived, shall not, by gift, dona¬ 
tion, loan, contract, appropriation or otherwise, be used, directly or indi¬ 
rectly, in aid or maintenance of any college, school, orphan house or other 
institution, society or organization, of whatever kind, which is wholly or in 
part under the direction or control of any church, or of any religious or 
sectarian denomination, society or organization. 

Mr. I. R. REED introduced the following resolution, which was 
read the first time and referred to the Committee on Declaration of 
Rights : 

RESOLUTION FOR THE PROTECTION OF PERSONS CHARGED 
WITH CRIMES AND MISDEMEANORS. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the fol¬ 
lowing provisions shall constitute Section-of Article-of the Con¬ 

stitution of this State: 

Section —. That the Governor of this State is hereby empowered and re¬ 
quired to suspend or remove from office any Sheriff, Deputy Sheriff, Jailor 
or Constable who allows or suffers any person charged with a crime or mis¬ 
demeanor to receive any personal injury from any source whatever, except 
by due course of law, while in the custody of any one or more of them. 

Section —. That the Governor of this State is hereby empowered and re¬ 
quired to call out and send one or more companies of the militia of this 
State to the assistance of any Sheriff, Deputy Sheriff, Jailor or Constable 
when the emergency demands or on information and belief that violence is 
threatened against a prisoner or any one or more of the above named offi¬ 
cers having a prisoner in custody. 

Section —. That the Governor of this State is hereby empowered and re¬ 
quired to appoint, forthwith, any person to take the place or office of such 
Sheriff, Deputy Sheriff, Jailor or Constable suspended or removed as afore¬ 
said, whose term of office shall be until such suspension is removed or re¬ 
moval restored, and whose fee or compensation shall be such as are regu¬ 
lated by the Legislature of this State. 



124 


JOURNAL OF PROCEEDINGS, 


Mr. OTTS introduced the following resolution, which was read the 
first time and referred to the Committee on Counties and County Gov¬ 
ernment : 


ARTICLE 


Be it ordained by the people, in convention assembled : 

Section 1. Each organized County shall be a body corporate, with such 
powers and immunities as shall be established by law. All suits or pro¬ 
ceedings by or against a County shall be in the name thereof. 

Sec. 2. No organized County shall ever be reduced by the organization of 
new Counties to less than four hundred square miles. No new County 
shall be formed containing less than four hundred square miles, or contain¬ 
ing less than eight thousand inhabitants, according to the last State or 
National census, or which returns less than three million dollars worth of 
taxable property, as shown by the last preceding tax returns, before appli¬ 
cation for the formation of the proposed new County shall be made, and 
not then unless a majority of the legal voters of the fractional part of the 
proposed new County shall each separately vote in favor of the new 
County. 

Sec. 3. Each County shall be divided into townships, and all such town¬ 
ships shall be declared bodies corporate. The townships as they now exist 
shall be so declared, and such others as the Legislature may hereafter 
create: Provided , That no township shall contain less than twenty-five square 
miles, and shall be as near square as practical. 

Sec. 4. Each County shall elect a County Judge for a term of four years. 
He shall have jurisdiction in all matters testamentary, dower, partition, 
homestead, minors, persons non conpotes mentis, and jurisdiction in all 
criminal prosecutions below the grade of felony, under such rules and 
limitations as may be fixed by law; and shall also elect a Sheriff, County 
Clerk and County Solicitor, for a term of four years, whose respective 
duties will be prescribed by law. 

Sec. 5. A Board of County Supervisors shall be organized in each County, 
composed of the various Township Chairmen, whose powers and duties 
shall be prescribed by law. 

Sec. 6. There shall be in each township five Directors, to be elected or 
appointed, as the law may direct, one of whom shall be a committing 
Magistrate, who shall be ex-officio Chairman of the Board of Township 
Directors. Said Directors shall have general control of the roads, bridges 
schools, and the general welfare of their respective townships, under such 
limitations as may be prescribed by law. But no tax levy made by such 
Directors shall be legal unless ten days’ public notice of such levy shall be 
given, and not then unless said levy shall be ratified by a majority of the 
legal voters of such township. 

Mr. TIMMERMAN introduced the following resolution, which was 
read the first time and referred to the Committee on County and 
County Government: 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 125 


AN ORDINANCE TO EMPOWER AND AUTHORIZE THE GENERAL 
ASSEMBLY TO CHANGE COUNTY LINES. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, That the General Assembly shall have power and 
authority to change the .lines of any County, including Saluda, as the exi¬ 
gencies of the case may require: Provided, That no County shall be reduced 
thereby below the area fixed by the Constitution. 

Mr. CLAYTON introduced the following resolution, which was 
read the first time and referred to the Committee on Charitable and 
Penal Institutions : 


RESOLUTION TO 


REGULATE THE WORKING OF CONVICTS. 


That all convicts sentenced to hard labor by any of the Courts in this 
State may be employed upon the public works of the State or Counties, and 
upon the public highways; but in no instance shall they be hired out, or 
put at such occupation as will compete with honest labor. 


Mr. LYBRAND introduced the following resolution, which was 
read the first time and referred to the Committee on Municipal Cor¬ 
porations and Police Regulations : 


A RESOLUTION TO REGULATE THE MANUFACTURE AND SALE 
OF INTOXICATING LIQUORS. 

It shall be unlawful for any person in this State to manufacture, barter 
or sell intoxicating liquors for private or individual profit. But the State 
may, in the exercise of its police power, regulate and control, or prohibit, 
the manufacture and sale of all intoxicating liquors. 


Mr. D. S. HENDERSON introduced the following resolution, 
which was read the first time and referred to the Committee on 
Finance and Taxation : 


AN ORDINANCE TO AUTHORIZE THE ISSUE OF STATE BONDS 
TO ENABLE THE COUNTIES OF THE STATE TO DO BUSINESS 
ON A CASH BASIS. 

Whereas in most, if not all, of the Counties of the State the taxes are never 
realized until a year after the levy, and consequently the contracts for ordi¬ 
nary County purposes and for the running of the schools have to be made 
an a credit instead of a cash basis; and whereas this is an evil which ought 
to be remedied, 

Therefore he it ordained by the people of the State of South Carolina, in 
convention assembled, and by the authority of the same: 

Section 1. That a Commission be, and is hereby, appointed, consisting of 
his Excellency the Governor, the Comptroller General, and the State Treas¬ 
urer, whose duty it shall be to ascertain what amount of money would be 




126 


JOURNAL OF PROCEEDINGS, 


necessary to place the various Counties of this State on a cash basis as to 
their ordinary County and school expenses at the beginning of the next 
fiscal year. 

Section 2. That said Commission when they have ascertained said amount 
be, and they are hereby, authorized and empowered, in the name of the 
State, to prepare and have issued coupon bonds payable to bearer, which 
shall be registered with the State Treasurer, according to the custom in 
such cases, to the amount necessary to raise the money needed for said pur¬ 
pose and the necessary expenses of floating the bonds; that said bonds shall 
be in such denominations and due at such times as said Commission may 
deem expedient and shall draw a rate of interest not to exceed four and 
one-half per cent per annum. That said bonds when prepared shall be 
signed by the Governor and Secretary of State, and sealed with the great 
seal of the State, and the credit of the State is hereby pledged for their 
payment. 

Section 3. That said bonds when so executed and issued shall be sold at 
not less than par by said Commission, and the money derived therefrom, 
after paying the expenses of the issuance and sale, shall be paid into the 
State Treasury; that the same shall be paid out by the State Treasurer to 
the various County Treasurers of the State as soon as practicable in the 
amount ascertained by the Commission to be needed by the Counties to run 
the County and school business on a cash basis, and when so paid said 
funds shall be subject to the check of the County and school authorities to 
meet the expenses of the ensuing fiscal year 1895-96. 

Section 4. That the General Assembly at its next session shall authorize a 
levy for ordinary County and school purposes in their respective Counties, 
to be collected at the end of the fiscal year 1895-96, to be used for running 
the Counties on a cash basis during the fiscal year 1896-97. 

Section 5. That on and after the time when the State Treasurer shall have 
paid into the respective County Treasuries the proceeds of the bonds as 
provided for aforesaid, all contracting officials of their respective Counties, 
whether for ordinary County expenses or for school purposes, shall be held 
responsible for all contracts entered into by them over and above the cash 
they may have to their credit to meet the same, and their official bonds are 
hereby declared bound for the same. 

Section 6. That the said Commission shall report their actings and doings 
as to said bonds to the next session of the General Assembly; and said Gen¬ 
eral Assembly and its successors be, and is hereby, authorized and required 
from year to year, according to the length of the issuance of said bonds, 
to levy upon each County which shall receive the benefit of said fund a 
suitable amount to repay the amount of the said bonds and the interest 
thereon to the State, and said funds so received from the various Counties 
shall be used by the State Treasurer as a sinking fund to pay said bonds 
under such Act of the General Assembly as may be passed on the subject. 

Mr. W. D. EVANS introduced the following resolution, which 
was read the first time and referred to the Committee on Finance and 
Taxation : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 127 


RESOLUTION ON INCREASE OF BONDED DEBT, STATE, COUN¬ 
TIES AND MUNICIPALITIES. 

No County, municipal corporation, township, or other political sub¬ 
division of this State, shall ever increase its bonded debt unless at time of 
such increase of bonded debt its entire bonded debt (at any time previously 
created and then existing), together with the said proposed increase of 
bonded debt, shall, when added together, be less than eight per centum of 
the value of all taxable property therein as such value is ascertained by 
the assessment for State taxation. And wherever there shall be several 
political divisions or public corporations covering, extending over, or over¬ 
lapping the same territory, or portions thereof, possessing power to levy 
a tax or contract debt, then each of such political divisions or public cor¬ 
porations shall so exercise its power to increase its debt, under the fore¬ 
going eight per centum limitation, that the debt over and upon no terri¬ 
tory of this State shall ever be increased unless at time of such increase 
the sum of the prorated portions of all existing debts of all such political 
divisions so covering or overlapping said territory for which said terri¬ 
tory is liable upon a basis of value of property, added to the prorated por¬ 
tion of such increase for which said territory would be liable upon a basis 
of value of property, shall, when added together, be less than ten per 
cent, of the value of all property in said territory as assessed for State 
taxation. 

Mr. ANDERSON" introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 

ORDINANCE TO COMPEL CHILDREN BETWEEN CERTAIN AGES 
TO ATTEND THE PUBLIC SCHOOL. 

Be it ordained, That the Legislature, at its next session, pass suitable laws 
to compel all children between the age of seven and twelve years to attend 
the public schools, under such penalties as to them may seem proper. 

Mr. RUSSELL introduced the following resolution, which was 
read the first time and referred to the Committee on Suffrage : 

AMENDMENT TO THE CONSTITUTION, ARTICLE VIII, SECTIONS 
1 AND 2, ON THE RIGHT OF SUFFRAGE. 

ARTICLE III. 

Section 1. In all elections by the people the electors shall vote by ballot. 

Section 2. Every male citizen of the United States of the age of twenty- 
one years and upward not laboring under the disabilities named in this 
Constitution, without distinction of race, color or former condition, who 
shall be a resident of this State at the time of the adoption of this Consti¬ 
tution, or who shall thereafter reside in this State two years and in the 
County in which he offers to vote twelve months next preceding election, 
shall be entitled to vote for all officers that are now, or may hereafter be, 
elected by the people, and upon all questions submitted to the electors at 
any elections: Provided, That no person shall be allowed to vote while kept 




128 


JOURNAL OF PROCEEDINGS, 


in an alms-house or asylum, or of unsound mind, or confined in any public 
prison, nor any person wlio has been convicted of murder, treason, robbery, 
burglary or dueling: Provided, further, That no person shall be allowed to 
vote who cannot read and write any portion of this Constitution in the English 
language, nor who has not paid his poll-taxes for the two last preceding 
years, sufficient evidence of which shall be the presentation of the tax 
receipt to the proper officer provided by law: And provided, further, That 
no person shall be denied the right to vote who has been engaged in any 
capacity in the land or naval forces of the United States, or of this State, 
or of any other State, or of the Confederate States, in any of the wars in 
which this country has been engaged since the Declaration of Independence, 
nor their male descendants in either the male or female line. 

Mr. BUIST introduced the following resolution on September 12th, 
which was read the first time September 12th and referred to the 
Committee on Education : 

RESOLUTION TO AMEND ARTICLE TEN OF THE PRESENT CON¬ 
STITUTION. 

j Resolved by the people of South Carolina, in convention assembled: 

Section 1. That intelligence and virtue being the safeguards of liberty 
and the bulwark of a free and good government, the State shall ever main¬ 
tain a general, suitable and efficient system of free schools, whereby all 
persons in the State between the ages of six and twenty-one years may 
receive gratuitous instruction, but separate schools shall be provided for 
the children of African descent. 


Mr. Me WHITE introduced the following resolution on September 
12th, which was read the first time September 12th and referred to 
the Committee on Education : 

RESOLUTION TO PROVIDE A PUBLIC SCHOOL FUND AND THE 
DISTRIBUTION OF THE SAME, AND TO PROVIDE FOR 
SEPARATE SCHOOLS. 

Resolved, That the General Assembly shall levy, at each regular session 
after the adoption of this Constitution, an annual tax on all taxable prop¬ 
erty throughout the State for the support of public schools, which tax 
shall be collected at the same time and by the same agents as the general 
State levy, and shall be paid into the Treasury of the State. There shall 
be assessed on all taxable polls in the State an annual tax of one dollar on 
each poll, the proceeds of which tax shall be applied to educational pur¬ 
poses. No other poll or ‘capitation tax shall be levied in the State, nor 
shall the amount assessed on each poll exceed the limit given in this Sec¬ 
tion. The school tax shall be distributed among the several school districts 
of the State, each taxpayer designating to what school said fund shall be 
applied. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 129 


No religious sect or sects shall have exclusive right to or control of any 
part of the school funds of the State, nor shall sectarian principles he 
taught in the public schools. 

That separate schools shall be provided for the white and colored chil¬ 
dren of the State. 

Mr. HEMPHILL asked and obtained leave of absence for his col¬ 
league Mr. Gary till Friday next. 

Mr. MILLER asked and obtained indefinite leave of absence for 
his colleague Mr. Wigg on account of sickness. 

Mr. HAMEL asked and obtained indefinite leave of absence for 
his colleague Mr. Ira B. Jones on account of sickness in his family. 

Mr. BOWMAN asked and obtained indefinite leave of absence for 
his colleague Mr. Connor on account of sickness. 

Mr. GEO. JOHNSTONE moved that when this Convention ad¬ 
journ it stands adjourned till 12 M. to-morrow ; which was agreed to. 

Mr. ALDRICH moved that this Convention do now take a recess 
till 8 P. M. this day and that permission be given to persons so desir¬ 
ing to address the Convention on the subject of female suffrage. 

Mr. TALBERT seconded the motion. 

The question being put, it was agreed to. 

On motion of Mr. ALDRICH, at 11:40 A. M. the Convention 
receded from business till 8 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 8 P. M. 

The PRESIDENT addressed the Convention in a few words and 
then introduced as the first speaker of the evening Miss Laura Clay, 
of Kentucky, who addressed the Convention. 

At the conclusion of her remarks the President introduced Mrs. V. 
D. Young, of South Carolina, who addressed the Convention. 

He then introduced Mrs. Viola Neblett, of South Carolina, who 
also addressed the Convention. 

Mr. McCOWN asked to recur to the morning hour, which was 
agreed to. 

Mr. McCOWN then introduced the following resolution and asked 
its immediate consideration, which was refused : 

Resolved, That it is the sense of this Convention that the Committee on 
Suffrage and Election shall report a clause in favor of female suffrage. 

9—500 




130 


JOURNAL OF PROCEEDINGS; 


The resolution was read the first time and referred to the Commit¬ 
tee on Suffrage. 

Mr. EFIRD introduced on September 11th the following resolution, 
which was read the first time on September 11th and referred to the 
Committee on Counties and County Government: 

COUNTIES. 

Section 1. Each County shall form one election district. 

Section 2. The present boundaries of the Counties of the State shall re¬ 
main as now established until otherwise provided by law. 

Section 3. In each County shall be elected, by the qualified electors 
thereof, on the first Tuesday after the first Monday in November, A. I). 
1896, and on the same day in every fourth year thereafter, a Clerk of the 
Court of Common Pleas and General Sessions, a Sheriff, a County Judge, 
who shall hold their office for the term of four years and until their suc¬ 
cessors are elected and qualified, and such other offices as may be provided 
by law. 

Section 4. The Clerk of the Court of Common Pleas and General Sessions 
shall, by virtue of his office, be the Clerk of all other Courts of Record 
held therein, but the General Assembly may provide that the Judge of the 
County Court be his own Clerk. The said Clerk shall also be ex-officio 
Register of Mesne Conveyance for his County unless otherwise provided 
by law. 

Section 5. The General Assembly shall provide the duties and compensa¬ 
tion of all County officers. 

Section 6. In case of death, resignation or removal of any County officer 
or of a vacancy from any other cause, the Governor shall appoint some 
suitable person to fill out the unexpired term. 

COURTS. 

Section 7. There shall be established in each County a County Court, with 
jurisdiction in all matters testamentary and of administration; in business 
appertaining to minors and the allotment of dower; in cases of idiocy and 
persons non compos mentis; in all criminal misdemeanors; in all matters of 
contract, debt, fines, forfeitures and damages when the amount involved 
does not exceed five hundred dollars; in all actions for the partition of real 
estate only; in actions between landlord and tenant when the title to the 
land is not in dispute, and such other matters as the General Assembly may 
designate: Provided, That this Court shall not have jurisdiction in actions 
involving the title to real estate. 

Section 8. That a sufficient number of Committing Magistrates may be 
appointed by the Governor in each for the convenience of the citizens in 
having criminals apprehended and committed for trial. 

NEW COUNTIES. 

Section 9. The General Assembly shall provide by general law for organ¬ 
izing new Counties, locating the County seats temporarily, and changing 
County fines. But no new County shall be formed unless it shall contain 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 131 


within the limits thereof property of the valuation of two million dollars, 
as shown by last preceding- tax returns, and not then unless the remaining 
portion of the old County or Counties shall each contain property of at 
least three millions of dollars of assessments, and no County shall be 
organized, nor shall any organized County be so reduced, as to contain less 
than one-sixth part of the inhabitants of the whole State, both 
to be determined by the last National or State census; and in case 
any portion of an organized County or Counties is stricken off to 
form a new County, the new County shall assume and be holden for an 
equitable proportion of the indebtedness of the County or Counties so 
reduced. No County shall be divided unless a majority of the qualified 
electors of the territory proposed to be cut off shall vote in favor of such 
division. 

Section 10. No new County shall be formed of less than four hundred 
square miles, nor shall any organized County be reduced in area below four 
hundred square miles, and no County lines shall be run nearer any existing 
court house than ten miles. 

Mr. EFIRD moved that the thanks of this Convention be ten¬ 
dered the ladies who have addressed us this evening, which was 
agreed to. 

The PRESIDENT, on behalf of the Convention, then thanked the 
ladies for the beautiful and instructive addresses which had been 
delivered. 

Mr. TIMMERMAN asked leave of absence for his colleague, Mr. 
Watson. 

On motion of Mr. STANYARNE WILSON, the Convention ad¬ 
journed at 10 P. M. until 12 M. to-morrow. 


EIGHTH DAY. 


•Wednesday, September 18, 1895. 


The Convention assembled at 12 o’clock M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 






132 


JOURNAL OF PROCEEDINGS, 


APPOINTMENTS. 

The PRESIDENT announced the following appointments : 

Mr. G. P. Smith, Clerk of the Committee on Declaration of Rights. 

Mr. Arthur Harman, Clerk of the Committee on Executive Depart¬ 
ment. 

Mr. G. H. Charles, Clerk of the Committee on Counties and County 
Government. 

Mr. J. W. Wessinger, Clerk of the Committee on Legislative Depart¬ 
ment. 

Mr. AY. B. Evans, Clerk of the Committee on Judicial Department. 

Mr. Levi David, Clerk of the Committee on Education. 

Mr. B. AY. Crouch, Clerk of the Committee on Suffrage. 

Mr. E. AY. Townsend, Clerk of the Committee on Miscellaneous 
Matters. 

Air. R. L. Freeman, Clerk of the Committee on Finance and Tax¬ 
ation. 

The PRESIDENT proceeded to call by Counties for memorials, 
petitions and such like papers. 

On motion of Mr. EF1RD, the call by Counties was dispensed with. 

PETITION. 

Mr. IRBY presented the following petition, which was read the 
first time and referred to the Committee on Charitable and Penal 
Institutions : 

A PETITION RELATING TO AVORKING CONAHCTS FROAI THE 
BOARD OF COUNTY COMMISSIONERS OF LAURENS COUNTY. 

Laurens C. H., S. C., September 16 , 1895 . 

To the Honorable the Constitutional Convention of South Carolina. 

AVe, the undersigned members of the Board of County Commissioners of 
Laurens County, respectfully petition your honorable body to provide in 
the Constitution now under consideration by your honorable body for grant¬ 
ing, or delegating, authority to the Legislature to enact laws to require all 
County convicts tried and sentenced by Trial Justice Courts and Municipal 
Courts to do hard labor on the various County chain gangs 
Further, that the Legislature be empowered to enact laws requiring all 
teams, horses, mules and wagons to be liable to road duty on public high¬ 
ways, the same as hands, when necessary. 

And for your favorable consideration your petitioners Avill ever pray. 
(Signed) R. p. ADAIR. 

F. L. MILAM. 

JAMES DOAYNEY. 

G. AY. CULBERTSON. 

AY. H. DRUMMOND. 

AY. C. CURRY. 

J. L. SIMPSON. 

R. S. GRIFFIN. 

AY. E. OAVENS. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 133 


RESOLUTION'S* 

Mr. McMAHAN offered the following resolution, and asked for its 
immediate consideration : 

Besolved, That the Committee on Printing is hereby instructed to engage 
a Stenographer to preserve a complete record of the proceedings of this 
Convention, to be tiled in the office of the Secretary of State. 

Mr. W. D. EVAN’S moved to lay the resolution on the table, which 
was agreed to. 

Mr. W. J. MONTGOMERY offered the following resolution, and 
asked for its immediate consideration : 

Besolved , That the Chief Clerk of the EngrossingDepartmentbeauthor- 
ized to expend the sum of twenty-live dollars, if so much be necessary, in 
purchasing stationery for said Department. 

The question being put, the resolution was adopted. 

Mr. EFIRD introduced the following resolution, which was con¬ 
sidered immediately and agreed to : 

Besolved, That it is the sense of this Convention, that it is not necessary 
for Standing Committees to withhold their reports until after the 23d in¬ 
stant, but that they may report as soon as practicable. 

Mr. FRASER introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Department: 

ORDINANCE TO ESTABLISH A COURT OF ERRORS FOR CONSTI¬ 
TUTIONAL AND OTHER QUESTIONS REFERRED TO IT. 


JBe it ordained by the people of South Carolina, in convention assembled, 
That the following shall constitute Section-of Article-of the Con¬ 

stitution of this State: 

Whenever upon the hearing of any cause or question, either at law or 
equity, before the Supreme Court it shall appear to the Justices of the 
same, or any two of them, that there is a question of constitutional law, or 
of conflict between the Constitution and laws of this State and of the 
United States, or the duties and obligations of the citizens under the same, 
it shall be the duty of the Chief Justice, or in his absence for the pre¬ 
siding Associate Justice, to convene a Court of Errors for the determination 
of the same, which Court shall consist of all the Judges of the Supreme 
Court and of the Circuit Court, the decision of which Court, or a majority 
of the Judges sitting in the same, shall be final and conclusive, and the 
Chief Justice, or in his absence the presiding Associate Justice, shall also 
convene the said Court of Errors at the request of any two of the Justices 



134 


JOURNAL OF PROCEEDINGS, 


of the Supreme Court for the determination of any other cause or question 
to he submitted to them, and the decision of said Court, or a majority of 
the Judges sitting in the same, shall be final and conclusive, and the Chief 
Justice, or in his absence the presiding Associate Justice, shall preside 
whenever the Court of Errors shall convene. 

Mr. BUIST introduced the following resolution, which was read 
the first time and referred to the Committee on Miscellaneous 
Matters : 

RESOLUTION TO INSERT IN ARTICLE XIY OF THE CONSTITU¬ 
TION A PROVISION TO PROHIBIT THE GENERAL ASSEMBLY 
FROM AUDITING OR ALLOWING ANY PRIVATE CLAIM OR 
ACCOUNT AGAINST THE STATE OR ANY COUNTY, BUT MAY 
APPROPRIATE MONEY OR ORDER THE PROPER OFFICER OR 
OFFICERS TO PAY SUCH CLAIMS AS SHALL HAVE BEEN 
AUDITED AND ALLOWED ACCORDING TO LAW. 

Resolved by the people of South Carolina, in convention assembled, That 
the following provision shall be inserted in Article Fourteen of the Consti¬ 
tution : 

The General Assembly shall neither audit nor allow 7 any private claim or 
account against the State or any County, but may appropriate money or 
order the proper officer or officers to pay such claims as shall have been 
audited and allowed according to law. 

Mr. PARLER introduced the following resolution, which was read 
the first time and referred to the Committee on Declaration of 
Rights : 

A RESOLUTION RELATING TO THE RIGHTS OF ACCUSED. 

Resolved, No person shall be held to answer for any crime or offense 
until the same is fully, fairly, plainly, substantially and formally described 
to him, or be compelled to accuse or furnish evidence against himself; and 
every person shall have a right to produce all proofs that may be favorable 
to him, to meet the witnesses against him face to face, to have a speedy 
and public trial by an impartial jury, and to be fully heard in his defense 
by himself or by his counsel, or by both, as he may elect. 

Mr. MEARES introduced the following resolution, which was read 
the first time and referred to the Committee on Declaration of 
Rights : 

RESOLUTION FORMING ARTICLE 1 OF THE CONSTITUTION ON 
DECLARATION OF RIGHTS. 

We, the people of the State of South Carolina, in convention assembled, 
do ordain and establish this Constitution: 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 135 


ARTICLE 1. 


DECLARATION OF RIGHTS. 

Section 1. All political power is vested in and derived from the people 
only. Therefore they have the right at all times to modify their form of 
government in such manner as they may deem expedient for the public 
good. 

Section 2. This State shall ever remain a member of the American Union, 
and all attempts, from whatever source, or upon whatever pretext, to dis¬ 
solve the Union shall be resisted with the full power of the State. 

Section 3. All persons resident in this State, citizens of the United States, 
are hereby declared to be citizens of this State. 

Section 4. Treason against the State shall consist alone in levying war or 
in giving aid and comfort to enemies against the State. 

No person shall be held guilty of treason except upon testimony of at 
least two witnesses to the same overt act, or upon confession in open court. 

Section 5. The right of the people to assemble peaceably and to petition 
the Government shall never be abridged. 

Section 6. No laws shall be enacted to restrain the liberty of speech or of 
the Press. 

In all prosecutions for libel, the truth may be given in evidence, and the 
jury shall determine the law and the facts under the direction of the Court; 
and if it shall appear that the matter charged as libellous is true and proper 
for public information, the jury shall acquit. 

Section 7. The people have a right to keep and bear arms for the common 
defense, or in aid of the civil power, when thereto legally summoned. 

As in times of peace armies are dangerous to liberty, they ought not to 
be maintained without the consent of the General Assembly. 

The military power shall be in exact subordination to the civil authority, 
and be governed by it. 

Section 8. There shall not be brought into this State, for the suppression 
of domestic violence, any armed police force, or detective agency, or armed 
body, or unarmed body, of men, except upon the application of the Legis¬ 
lature, or of the Executive when the Legislature cannot be convened. 

Section 9. The right of trial by jury shall remain inviolate: Provided, 
The Legislature may provide that a less number than the whole of an entire 
jury may determine its verdict. No person shall be deprived of life, lib¬ 
erty, or property, except by due process of law. 

Section 10. Slavery shall never exist in this State; neither shall involun¬ 
tary servitude, except as a punishment for crime, whereof the party shall 
have been duly convicted. 

Section 11. No person shall be held to answer for any crime until the 
same is fully, fairly, plainly, substantially and formally described to him; 
or be compelled to accuse or furnish evidence against himself. The 
accused shall have the right to a speedy and public trial by an impartial 
jury of the County where the offense was committed. He shall have the 
right to produce all proofs that may be favorable to him, and to be con¬ 
fronted at his trial by the witnesses against him, and to be fully heard in 
his defense by himself, or by his counsel, or by both, as he may elect. 




136 


JOURNAL OF PROCEEDINGS, 


Section 12. No person shall be arrested, imprisoned, despoiled or dis¬ 
possessed of his property, immunities or privileges, put out of the protection 
of the law, exiled, or deprived of his life, liberty or estate, but by the 
judgment of his peers or the law of the land. And the Legislature shall 
not enact any law that shall subject any person to punishment without 
trial by jury; nor shall he be punished but by virtue of a law already 
established or promulgated prior to the offense and legally applied. 

Section 13. No person, after being once acquitted by a jury, shall again, 
for the same offense, be put in jeopardy of his life or liberty; but there 
must be an actual acquittal or conviction on the merits to bar another 
prosecution. 

Section 14. All persons have a right to be secure from unreasonable 
searches or seizures of their persons, houses, papers or possessions. All 
warrants shall be supported by oath or affirmation, and the order of the 
warrant to a civil officer to make search or seizure in suspected places, or 
to arrest suspected persons, or to seize their property, shall be accompanied 
with a special designation of the persons or objects of search, arrest or 
seizure; and no warrant shall be issued but in the cases and with the 
formalities prescribed by the laws. 

Section 15. Private property shall not be taken or applied for the public 
use, or for the use of corporations, or for private use, without the consent of 
the owner, or a just compensation being made therefor: Provided, That 
laws may be made securing to persons or corporations the right of way over 
the lands of either persons or corporations, and, for works of internal 
improvement, the right to establish depots, stations and turnouts; but a 
just compensation shall in all cases be made to the owner: And provided , 
The question whether the contemplated use be a public one shall be a 
judicial question, and, as such, determined without regard to legislative 
assertion that the use is public. 

Section 16. The power of suspending the laws, or the execution of the 
laws, shall never be exercised but by the Legislature, or by authority 
derived therefrom, to be exercised in such particular cases only as the 
Legislature shall expressly provide for. 

Section 17. No person shall, in any case, be subject to martial law, or to 
any pains or penalties of that law, except those employed in the army or 
navy of the United States, and except the militia in active service, but by 
authority of the Legislature. 

Section 18. No person who conscientiously scruples to bear arms shall be 
compelled so to do; but he shall pay an equivalent for personal service. 

Section 19. In time of peace no soldier shall be quartered in any house 
without the consent of the owner; and in time of war such quarter shall 
not be made but in a manner prescribed by law. 

Section 20. All elections shall be free and open, and every inhabitant of 
this State possessing the qualifications provided for in this Constitution 
shall have an equal right to elect officers and be elected to office. 

Section 21. The right of suffrage shall be protected by laws regulating 
elections, and prohibiting, under adequate penalties, all undue influences 
from power, bribery, tumult or improper conduct. 

Section 22. Excessive fines shall not be imposed, nor cruel and unusual 
punishment inflicted, nor shall witnesses be unreasonably detained. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 137 


Section 23. No person shall be elected or appointed to office in this State 
for life or during good behavior; but the terms of all officers shall be for 
some specified period. 

Section 24. There shall be no imprisonment for debt, except in cases of 
fraud. 

Section 25. The enumeration of rights in this Constitution shall not be 
construed to impair or deny others retained by the people, and all powers 
not herein delegated remain with the people. 

Mr. WIGG introduced the following ordinance, which was read the 
first time and referred to the Committee on Finance and Taxation : 

AN ORDINANCE TO DIRECT THE COMPTROLLER GENERAL AND 
ALL PERSONS CHARGED WITH THE COLLECTION OF TAXES 
TO KEEP SEPARATE ACCOUNTS OF TAXES PAID BY WHITE 
AND COLORED TAXPAYERS. 

Be it ordained by the people of South Caroline, in convention assembled. 
That the Comptroller General, County Auditors, County Treasurers and all 
persons charged with the collections of State or municipal taxes be, and 
are hereby, required to keep separate and distinct accounts of all tax re¬ 
turns, and paid by white and colored taxpayers, and that the same be 
alAvays open for public inspection. 

Mr. FITCH introduced the following resolution, which was read 
the first time and referred to the Committee on Judicial Department: 

RESOLUTION AMENDING ARTICLE IV OF THE CONSTITUTION OF 
THE STATE AND CREATING COURTS WITH THE JURISDIC¬ 
TION THEREOF. 

Be it ordained by the people, in convention assembled, and by the author¬ 
ity of the same, That the following provisions shall constitute Sections 
-of Article-of the Constitution of the State of South Carolina. 

Section 1. The judicial power of the State shall be vested in the Senate 
sitting as a Court of Impeachment, a Supreme Court, two Circuit Courts, 
to wit: a Court of Common Pleas having civil jurisdiction and a Court of 
General Sessions with criminal jurisdiction oidy, County Courts, Probate 
Courts, Justice of the Peace, Police Magistrates. The General Assembly 
may also create and establish such municipal and other inferior courts as 
may be deemed necessary. 

Section 2. The Supreme Court shall consist of a Chief Justice and four 
Associate Justices, any three of whom shall constitute a quorum. They 
shall be elected by a joint vote of the General Assembly for the term of (10) 
ten years, and shall continue in office until their successors shall be elected 
and qualified. They shall be so classified that one of the Justices shall go 
out of office every two years. 

Section 3. The Supreme Court shall have appellate jurisdiction only in 
cases of chancery, and shall constitute a Court for the correction of errors 
at law, under such regulations as the General Assembly may by law pre¬ 
scribe : Provided, The said Court or any Justice thereof shall always have 





138 


JOURNAL OF PROCEEDINGS, 


power to issue writs of injunction, mandamus, quo warranto, habeas corpus 
and such other original and remedial writs as may be necessary to give it a 
supervisory control over all other Courts in the State: Provided , It shall 
not have jurisdiction in cases where the matter in controversy, exclusive of 
costs, is less than one hundred dollars in value, except in controversies con¬ 
cerning probate of a will, the appointment or qualification of a personal 
representative, guardian, committee or curator, or concerning a mill, road¬ 
way, ferry or landing, or the right of a corporation or of a County to levy 
tolls or taxes; and except in cases of habeas corpus, injunction, mandamus 
or prohibition, or the constitutionality of a law. 

Section 4. The Judge of the Supreme Court having the shortest term to 
serve, not holding his office by appointment, shall be the Chief Justice, 
and as such preside at all terms of the Supreme Court, and in case of his 
absence the Judge having in like manner the next shortest term to serve 
shall preside in his stead. 

Section 5. No person shall be eligible to the office of Judge of the Su¬ 
preme Court unless he shall be at least thirty years of age, and a citizen of 
the United States, nor unless he shall have resided in this State at least 
five years next preceding his election and be learned in the laws of the 
State and a licensed practitioner. 

Section G. At the expiration of eighteen years’ service as a Judge of the 
Supreme Court, or upon a Judge of the Supreme Court attaining the age of 
seventy years, he shall be allowed to retire; and in such cases the General 
Assembly shall provide a pension for the retiring member of the Supreme 
Court not to exceed one-third of the pay of an active member of said 
Court. 

Section 7. The Supreme Court shall be held at least twice in each year 
at the seat of government and in such other place or places in the State as 
the General Assembly may direct. 

Section 8. When a judgment or decree is reversed or affirmed by the 
Supreme Court every point made and distinctly stated in writing or print¬ 
ing in the cause and fairly arising upon the record of the case shall be con¬ 
sidered and decided and the reasons therefor shall be concisely and briefly 
stated in writing and preserved with the records of the case. 

Section 9. In all cases decided by the Supreme Court a concurrence of 
three of the Judges shall be necessary to a decision. 

Section 10. There shall be appointed by the Judges of the Supreme Court 
a Clerk of said Court, and also a Reporter, who shall be the librarian of the 
law library of the State, and shall each hold their office for the term of four 
years, unless removed by the Judges of the Supreme Court for cause, and 
their duties and compensation shall be prescribed by law. 

Section 11. The State shall be divided into ten or more convenient cir¬ 
cuits, and for each circuit a Judge shall be elected by joint ballot of the 
General Assembly, who shall hold his offiee for a term of ten years, and dur¬ 
ing his continuance in office he shall reside in the Circuit of which he is 
Judge. 

Section 12. Judges of the Circuit Court shall interchange circuits with 
each other in such manner as may be determined by law. 

Section 13. The Courts of Common Pleas shall have exclusive original 
jurisdiction in all matters of equity and in all cases of divorce, and 
exclusive original jurisdiction in all civil cases and actions ex delicto which 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 139 


are not cognizable before the County Courts and Justices of the Peace; 
and as to all criminal or civil cases and actions ex delicto which shall be 
cognizable before the County Courts and Justices of the Peace the Courts 
of Common Pleas shall have concurrent jurisdiction. They shall have 
appellate jurisdiction in all such cases, civil and criminal, as may be pro¬ 
vided by law; they shall have power to issue writs of mandamus, prohibi¬ 
tion, scire facias and all other writs which may be necessary for carrying 
their powers fully into effect. They shall sit in each Judicial District in 
this State at least three times in every year, and at such stated times and 
places as the General Assembly may direct. 

Section 14. The Court of General Sessions shall have exclusive jurisdic¬ 
tion over all criminal cases which shall not be otherwise provided for by 
law, and concurrent jurisdiction over all criminal cases cognizable before 
the County Courts. It shall sit in each County in the State at least three 
times in each year, and at such stated times and places as the General 
Assembly may direct. 

Section 15. There shall be established in each County a County Court, 
which shall be a Court of Record, open at all times and holden by one 
Judge elected by the electors of the County, and whose term of office shall 
be eight years. During their continuance in office they shall reside in their 
respective Counties. 

Section 16. The County Court shall have jurisdiction of civil cases at 
law to recover personal property or money where the value or amount 
claimed does not exceed the sum of five hundred dollars; and they shall 
have j urisdiction of all misdemeanors and felonies where the punishment 
does not exceed one year’s imprisonment or a fine of five hundred dollars 
or both; but the County Court shall not have jurisdiction in actions in 
which title to real estate is sought to be recovered or may be drawn in 
question, nor in actions on mortgages or contracts for the conveyance of 
real estate. 

Section 17. A Court of Probate shall be established in each County, 
which shall be a Court of Record, open at all times, with jurisdiction in all 
matters testamentary and of administration, in business appertaining to 
minors and the allotment of dower, in cases of idiocy and lunacy and per¬ 
sons non compos mentis. The Judge of said Court shall be elected by the 
electors of the respective Counties for the term of eight years, and during 
their continuance in office they shall reside in their respective Counties. 

Section 18. A competent number of Justices of the Peace and Constables 
shall be chosen in each County by the electors thereof, in such manner as 
the General Assembly may direct; they shall hold their offices for a term 
of four years and until their successors are elected and qualified; they shall 
reside in the County, city or beat for which they are elected, and the 
Justices of the Peace shall be commissioned by the Governor. 

Section 19. Justices of the Peace individually, or two or more of them 
jointly, as the General Assembly may direct, shall have original jurisdiction 
in cases of bastardy, and in all matters of contract and actions for the 
recovery of fines and forfeitures where the amount claimed does not exceed 
one hundred dollars, and such jurisdiction as may be provided by law in 
actions ex delicto where the damages claimed do not exceed one hundred 
dollars, and prosecutions for assault and battery and other penal offenses 
less than felony punishable by fines only. 




140 


JOURNAL OF PROCEEDINGS, 


Section 20. They may also sit as Examining Courts, and commit, dis¬ 
charge or recognize (except in capital cases) persons charged with offenses, 
subject to such regulations as the General Assembly may provide; they 
shall also have power to bind over to keep the peace or for good behavior. 
For the foregoing purposes they shall have power to issue all necessary 
processes. 

Section 21. Every action cognizable before Justices of the Peace, insti¬ 
tuted by summons or warrants, shall be brought before some Justice of the 
Peace in the County or city where the defendant resides, and in all such 
cases tried by them the right of appeal shall be secured under such rules 
and regulations as may be provided by law. 

Section 22. The Judges of Probate, Justices of the Peace and Constables 
shall receive for their services such compensation and fees as the General 
Assembly may from time to time by law direct, and they shall not hold any 
other office of trust or profit under this State, the United States or any 
other power. 

Section 23. The General Assembly shall have power to provide for 
creating such Police Magistrates for cities and towns, as may be deemed 
from time to time necessary or expedient, who shall have jurisdiction only 
of all cases arising under the ordinances of such cities and towns, 
respectively. 

Section 24. No Judge of any Court shall preside on the trial of any cause 
in the event of which he may be interested, or where either of the parties 
shall be connected with him by affinity or consanguinity within such 
degrees as may be prescribed by law, or in which he may have been counsel, 
or have presided in any inferior Court, except by consent of all the parties. 
In case all or any of the Judges of the Supreme Court shall be disqualified 
from presiding in any cause, or causes, the Court or the Judges thereof 
shall certify the same to the Governor of the State, and he shall imme¬ 
diately commission, specially, the requisite number of men learned in the 
law for the trial and determination thereof. The same course shall be 
pursued in the Circuit and inferior Courts as is prescribed in this Section 
for cases of the Supreme Court. 

Section 25. Judges shall not charge juries in respect to matters of fact, 
but may state the testimony and declare the law. 

Section 26. All vacancies in the Supreme Court, Circuit Courts, or other 
inferior tribunals, shall be filled by elections, as herein provided: Pro¬ 
vided, That if the unexpired term does not exceed one year, such vacancy 
may be filled by Executive appointment. All Judges, by virtue of their 
office, shall be conservators of the peace throughout the State. 

Section 27. The General Assembly shall provide by*law for the preserva¬ 
tion of the records of the Courts of Equity, and also for the transfer to the 
Courts of Common Pleas, County Courts, and Probate Courts for final 
decision of all causes that may remain undetermined. It shall be the duty 
of the Judges of the Supreme and Circuit Courts to file their decisions 
within sixty days from the last day of the term of Court at which the causes 
were heard. 

Section 28. The Judges of the Supreme Court, Circuit Courts, and County 
Courts shall be men learned in the law of the State and licensed practition¬ 
ers thereof, and shall, at stated times, receive a compensation for their ser¬ 
vices, to be fixed by law, which shall not be diminished during their contin- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 141 


nance in office. They shall not he allowed any fees or perquisites of office, 
nor shall they hold any other office of trust or profit under this State, the 
United States, or any other power. 

Section 29. There shall he an Attorney General for the State and such 
Assistant Attorney Generals as the General Assembly may deem necessary, 
who shall perform such duties as may he prescribed by law. The Attorney 
General shall he elected by the electors of the State for the term of four 
years. The Assistant Attorney General or Attorney Generals that may he 
necessary shall he elected by the General Assembly and shall hold their 
office for the term of four years. The Attorney General and his assistant 
or assistants shall receive for their services such compensation as shall he 
fixed by law. 

Section 30. There shall he one Solicitor for each County, who shall reside 
therein, to he elected by the electors of the County, and shall hold his office 
for the term of four years, and shall receive for his services such compen¬ 
sation as shall he fixed by law; he shall he the State’s Attorney for the Cir¬ 
cuit and County Courts. In all cases where an Attorney for the State of 
any County fails to attend and prosecute according to law, the Court shall 
have power to appoint an Attorney pro tempore. 

Section 31. There shall be elected in each County by the electors thereof 
one Clerk for the Court of Common Pleas, who shall hold his office for the 
term of four years and until his successor shall he elected and qualified. 
He shall, by virtue of his office, he Clerk of the County Court, and of all 
other Courts of record held therein; hut the General Assembly may pro¬ 
vide by law for the election of a Clerk or Clerks, with a like term of office 
for each and any other Courts of Record; and may authorize the Judge of 
the Probate Court to perform the duties of Clerk for his Court under such 
regulations as the General Assembly may direct. Clerks of Court shall 
be removable for such cause, and in such manner, as shall be prescribed 
by law. 

Section 32. The electors of each County shall elect a Sheriff and Coroner 
for a term of four years and until their successors are elected and quali¬ 
fied. They shall reside in their respective Counties during their continu¬ 
ance in office, and be disqualified for the office a second time if it should 
appear that they, or either of them, are in default for moneys collected by 
virtue of their respective offices. 

Section 33. All writs and processes shall run, and all prosecutions shall 
be conducted, in the name of the State of South Carolina; all writs shall be 
attested by the Clerk of the Court from which they shall be issued, and all 
indictments shall conclude, “Against the peace and dignity of the State.” 

Section 34. The General Assembly shall provide by law for the speedy 
publication of the decisions of the Supreme Court made under this Con¬ 
stitution. 






142 


JOURNAL OF PROCEEDINGS, 


Mr. STOKES introduced the following resolution, which was read 
the first time and referred to the Committee on Corporations: 

AN ORDINANCE RELATING TO CORPORATIONS, BEING ARTICLE 
I OF THE CONSTITUTION. 

ARTICLE -. 

CORPORATIONS. 

Section 1. The term “ corporation, ” as used in this Article, includes all 
joint stock companies and associations having powers and privileges not 
possessed by individuals or partnerships. 

TRANSPORTATION AND TRANSMISSION. 

Section 2. All corporations engaged in the business of transportation, 
such as railroads, sleeping car companies, express companies, and all cor¬ 
porations engaged in the transportation of intelligence, such as telegraph 
and telephone companies, are common carriers; their roadways or tracks 
are public highways; and their rolling stock or other movable property is 
personal property. 

Section 3. All transporting and transmitting corporations doing business 
in this State shall maintain at least one agent in this State upon whom pro¬ 
cess may be served; and at least one office where records for public inspec¬ 
tion shall be kept, which records shall show: 

(a) The amount of stock subscribed, and by whom. 

(b) The amount of stock owned by each stockholder, and by whom. 

(c) The amount paid in, and by whom. 

(d) The assets and liabilities. 

(e) The names and residences of its officers. 

Section 4. It shall be unlawful for any transporting or transmitting cor¬ 
poration to discriminate between other corporations or between individuals, 
or in favor of either, by abatement or drawback or otherwise; and no such 
corporation, or its lessee, or manager, or employee, shall make preference 
in furthering cars or messages, or in furnishing motive power. It shall 
likewise be unlawful for such corporations to grant free passes, or tickets at 
a rate not common to the public, to members of the General Assembly or to 
any State, County or municipal officer. 

Section 5. No transporting or transmitting corporation, or its lessees, or 
purchasers, or managers shall consolidate the stock, property or franchises 
of such corporation with, or lease or purchase the works or franchises of, 
or in any way control any transporting or transmitting corporation owning, 
or having under its control, a parallel or competing line. The question 
whether the lines are parallel or competing shall, when demanded, be de¬ 
termined by a jury as in other civil cases. 


BANKING. 


Section 6. No banking corporation created under the laws of this State 
shall issue bills of credit to be circulated as money until such bills shall 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 143 


have been registered and countersigned by an officer of the State desig¬ 
nated by law, and until ample securities, readily convertible into gold and 
silver, shall have been deposited with the proper State officer, subject to 
the control of the said officer. Whenever the said securities shall depre¬ 
ciate 10 per cent, below their value at the time a deposit was made, the 
said banking corporation shall either increase its security by a further 
deposit, or contract its circulation in proportion to the shrinkage of its 
securities. 

Section 7. This State shall never become a stockholder in any banking 
corporation; and the credit of the State shall never be given or loaned to 
any such corporation. 

Section 8. No banking corporation shall receive, directly or indirectly, 
interest at a greater rate than is allowed to an individual; and proof of 
such overcharge by any banking corporation shall operate to forfeit the 
charter thereof. 

Section 9. No law shall be passed by the General Assembly sanctioning, 
directly or indirectly, the suspension of specie payment by any person or 
corporation issuing bank notes of any description. 

GENERAL PROVISIONS. 

Section 10. The stockholders of all corporations shall be liable individu¬ 
ally in an amount equal to the face value of the stock owned by them re¬ 
spectively. 

Section 11. Stocks or bonds shall not be issued by any corporation save 
for labor, or money, or property actually received. All fictitious increase 
of stock or indebtedness shall be null and void; and no increase of stock 
shall be made except under general law, by the consent, first obtained, of 
the stockholders representing a majority of the stock, at a meeting held 
after sixty days’ notice. 

Section 12. The General Assembly shall provide by law for the election 
of directors or trustees by the cumulative plan, that is to say, so that each 
stockholder shall be allowed to cast in person or by proxy as many votes 
as the number of shares he owns multiplied by the number of directors or 
trustees to be elected, the same to be cast for any one candidate or to be 
distributed among two or more candidates, at the option of the individual 
stockholder. 

Section 13. Corporations shall not engage in any business except that 
explicitly set forth in their charter; and they shall not hold any real estate 
except what is necessary in the conduct of their legitimate business after 
five years from the adoption of this Constitution. 

Section 14. It shall be unlawful for any corporation doing business in this 
State to combine directly or indirectly, or for their trustees, assigns or 
agents to combine, to fix the price or regulate the production or the con¬ 
sumption of the products of the soil, or of the mines, or of the factories of 
this State. 

Section 15. It shall be unlawful for any person or corporation to. require 
of its servants or employees as a condition of their employment or other¬ 
wise any contract or agreement whereby such persons or corporations shall 
be released or discharged from liability or responsibility on account of per¬ 
sonal injuries received by such servant or employee while in the service of 





144 


JOURNAL OF PROCEEDINGS, 


such person or corporation by reason of the negligence of such person or 
corporation, or the agents or the employees thereof; and such contract 
shall be null and void. The General Assembly may prescribe the terms 
and conditions upon which said persons or corporations shall be liable for 
injuries to their servants or employees. 

Section 16. The General Assembly shall provide for the protection of all 
employees of all corporations doing business in this State from interference 
with their social, civil and political rights by said corporations, their agents 
or employees. 

Section 17. The General Assembly shall enact laws to lire vent all trusts, 
combinations, contracts and agreements inimical to the public welfare. 

Section 18. Corporations shall have the same right to sue and be sued in 
all courts as enjoyed by individuals; but when choice is made of courts 
other than those provided for in this Constitution for the trial of issues the 
charter of the litigant corporation shall be ipso facto forfeited in the follow¬ 
ing cases : 

a Whenever the corporation is responsible for said choice. 

b Whenever a receiver shall be appointed by any court provided for 
under this Constitution; and in such cases it shall be the duty of the 
Attorney-General to see that the affairs of the said corporation are wound 
up within twelve months thereafter. 

c Whenever a receiver shall be appointed by any court other than those 
provided for under this Constitution; and in such cases it shall be the duty 
of the Attorney-General to institute proceedings looking to the winding up 
of the affairs of such corporation as soon as practicable. 

Section 19. All existing charters of grants or corporate franchise under 
which organizations have not in good faith taken place and business begun 
at the adoption of this Constitution shall be null and void. 

Section 20. No corporation after the adoption of this Constitution shall 
be created by special laws. Nor shall any existing charter be extended, 
changed or amended except those for charitable, penal or reformatory 
purposes which are under the exclusive control of the State. 

Section 21. It shall be the duty of the General Assembly to enact laws 
that will make effective the provisions of this Article. 

Mr. MOWER introduced the following ordinance, which was read 
the first time and referred to the Committee on Declaration of Rights : 


AN ORDINANCE RELATING TO THE DECLARATION OF RIGHTS. 

Be it ordained by the people of the State of South Carolina, in conven¬ 
tion assembled, and by the authority of the same, That the following pro¬ 
visions shall constitute the Declaration of Rights to be embodied in this 
Constitution as Article I : 


ARTICLE I. 

Declaration of Rights. 

Section 1. All political power is vested in and derived from the people 
only; therefore they have the right at all times to modify their form of 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 145 


government in such manner as they may deem expedient when the public 
good demands. 

Section 2. All powers not herein delegated are reserved to the people; nor 
shall the enumeration of certain rights herein be construed to deny or dis¬ 
parage others retained by the people. 

Section 3. Representation shall be apportioned according to population. 

Section 4. The General Assembly ought frequently to assemble for the 
redress of grievances and for mating new laws, as the common good may 
require. 

Section 5. The General Assembly shall make no law respecting an estab¬ 
lishment of religion or prohibiting the free exercise thereof: Provided, That 
the liberty of conscience hereby declared shall not justify practices incon¬ 
sistent with the peace and moral safety of society; or abridging the free¬ 
dom of speech or of the press; or the right of the people peaceably to as¬ 
semble and to petition the government or any department thereof for a 
redress of grievances. 

Section 6. The privileges and immunities of citizens of this State and of 
the United States, under this Constitution, shall not be abridged, nor shall 
any person be deprived of life, liberty or property without due process of 
law; nor shall any person be denied equal protection of the law. 

Section 7. All property subject to taxation shall be taxed in proportion to 
its value. 

Section 8. No tax, subsidy, charge, impost tax or duties shall be estab¬ 
lished, made or levied, under any pretext whatsoever, without the consent 
of the people or their representatives lawfully assembled. 

Section 9. No bill or attainder, ex post facto law, law impairing the obli¬ 
gation of contracts, nor law granting any title of nobility or hereditary 
emolument, shall be passed, and no conviction shall work corruption of 
blood or forfeiture of estate. 

Section 10. The right of citizens of this State to vote shall not be denied 
or abridged on account of race, color or previous condition of servitude. 

Section 11. The right of suffrage as regulated in this Constitution shall 
be protected by laws regulating elections and prohibiting under adequate 
penalties all undue influences from power, bribery, tumult or improper con¬ 
duct. 

Section 12. All elections shall be free and open, and every inhabitant of 
this State possessing the qualifications provided for in this Constitution 
shall have an equal right to elect officers and be elected to fill public office. 

Section 13. No property qualification shall be necessary for an election to 
or the holding of any office, and no office shall be created the election or 
appointment to which shall be for a longer term than good behavior. After 
the adoption of this Constitution who shall tight a duel or send or accept a 
challenge for that purpose, or be an aider or abbettor in fighting a duel, 
shall be deprived of holding any office of honor or trust in this State and 
shall be otherwise punished as the law shall prescribe. 

Section 14. Temporary absence from the State shall not foifeit a lesidence 
once obtained. 

Section 15. The power of suspending the laws or the execution of the 
laws shall only be exercised by the General Assembly or by its authority in 
cases expressly provided for by it. 

10—500 





146 


JOURNAL OF PROCEEDINGS, 


Section 16. In the government of this State the legislative, executive and 
judicial powers of the government shall be forever separate and distinct 
from each other, and no person or persons exercising the functions of one 
of said departments shall assume or discharge the duties of any other. 

Section 17. Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime whereof the party shall have been duly convicted, shall 
exist in this State. 

Section 18. All courts shall be public, and every person shall have speedy 
remedy therein for wrongs sustained. 

Section 19. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall not be 
violated, and no warrants shall issue but upon probable cause, supported 
by oath or affirmation, and particularly describing the place to be searched 
and the person or thing to be seized. 

Section 20. No person shall be held to answer for any crime where the 
punishment exceeds a fine of $100 or imprisonment for thirty days unless 
on a presentment or indictment of a grand jury of the county where the 
crime shall have been committed, except in cases arising in the land or naval 
forces, or in the militia when in actual service in time of war or public dan¬ 
ger, nor shall any person be subject for the same offense to be twice put in 
jeopardy of life or liberty, nor shall be compelled in any criminal case to be 
a witness against himself, nor be deprived of life, liberty or property with¬ 
out due process of law, nor shall private property be taken for public use 
without just compensation. 

Section 21. In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial by an impartial j tiry of the county where the 
crime shall have been committed, and to be informed of the nature and 
cause of the accusation; to be confronted with the witnesses against him; 
to have compulsory process for obtaining witnesses in his favor, and to have 
the assistance of counsel for his defense. 

Section 22. Excessive bail shall not be required nor excessive fines 
imposed, nor cruel and unusual punishments inflicted, nor shall witnesses 
be unreasonably detained. Corporal punishment shall not be inflicted. 
T.he power to punish for contempt shall not in any case extend to imprison¬ 
mnent in the State penitentiary. 

Section 23. All persons shall, before conviction, be bailable by sufficient 
securities, except for capital offenses when the proof is evident or the pre¬ 
sumption great. 

Section 24. In all indictments or prosecutions for libel the truth of the 
alleged libel may be given in evidence, and the jury shall be the judges of 
the law and the facts. 

Section 25. The privilege of the writ of habeas corpus shall not be sus¬ 
pended when, in the cases of insurrection, rebellion, or invasion, the public 
safety rimy require it. 

Section 26. No person shall be imprisoned for debt except in cases of 
fraud, and a reasonable amount of property, as a homestead, shall be exempt 
from seizure or sale for the payment of debt or liabilities, except for the 
payment of such debt or liabilities as are provided for in the Constitution. 

Section 27. In all civil actions, formerly known as suits at common law, 
where the value in controversy shall exceed $20 the right of trial by jury 
shall be preserved inviolate. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 147 


Section 28. A well regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not be 
infringed. As in times of peace armies are dangerous to liberty, they shall 
not be maintained without the consent of the General Assembly. The mili- 
tary power of the State shall always be held in subordination to the civil 
authority, and be governed by it. No soldier shall in time of peace be 
quartered in any house without the consent of the owner, nor in time of 
war but in the manner to be prescribed by law. 

Section 29. No person shall in any case be subject to martial, or to any 
pains or penalties by virtue of that law, except those employed in the army 
and navy of the United States, and except the militia in actual service, but 
by the authority of the General Assembly. 

Section 30. No person who has conscientious scruples against bearing 
arms shall be compelled to do so, but he shall pay an equivalent for personal 
service. 

Section 31. All navigable waters shall forever remain public highways, 
free to the citizens of the State and the United States, without tax, impost 
or toll imposed; and no tax, toll, impost or wharfage shall be imposed, 
demanded or received from the owner of any merchandise or commodity 
for the use of the shores or any wharf erected on the shores or in or over 
the waters of any navigable stream, unless the same be authorized by the 
General Assembly. 

Section 32. The provisions of the Constitution shall be taken, deemed 
and construed to be mandatory and prohibitory, and not merely directory, 
except where expressly made directory or permissory by its own terms. 

Mr. BERRY introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

RESOLUTION PROVIDING FOR THE REGISTRATION OF MARRI¬ 
AGES. 

Be it resolved, That the General Assembly shall at its first session after 
the adoption of this Constitution enact suitable laws for the registration of 
all marriages solomnized or contracted within this State, and fixing the age 
below which the marriage of a minor shall be illegal, and to provide penal¬ 
ties for violation of such laws. Succeeding General Assemblies shall have 
power to amend such original Acts and amendments thereof. 

Mr. HOWELL introduced the following resolution, which was read 
the first time and referred to the Committee on Judicial Department: 

RESOLUTION RELATING TO MARRIED WOMAN’S PROPERTY, 

NOW SECTION 8, ARTICLE 14, OF PRESENT CONSTITUTION. 

Be it resolved, by the people of South Carolina, in convention assembled, 
That the following shall constitute Section-of Article-of the Con¬ 

stitution of this State: 

The real and personal property of a woman held at the time of her mar¬ 
riage or that which she may thereafter acquire, either by gift, grant, inher- 




148 


JOURNAL OF PROCEEDINGS, 


itance, devise, or otherwise, shall not he subject to levy or sale for her 
husband’s debts, but shall be held as her separate property, and may be 
bequeathed, devised or alienated by her the same as if she were unmarried: 
Provided, That no gift or grant from the husband to the wife shall be 
detrimental to the just claims of his creditors. 


Mr. GOODING introduced the following resolution, which was 
read the first time and referred to the Committee on Legislative 
Department: 

IN RELATION TO FISHING IN THE UNNAVIGABLE RUNNING 
STREAMS AND WATERS OF THIS STATE. 

Be it resolved and ordained, That the following shall constitute Section 

-, Article-, of the Constitution: 

The right of the people of this State to fish in the unnavigable running 
streams and waters of this State shall not be denied or abridged. 

The Legislature at its next session shall pass such laws as will secure this 
uniform right. 


Mr. DOYLE introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 


RESOLUTION TO PREVENT PRIZE FIGHTING. 

Besolved by the people of South Carolina, in convention assembled, That 
the Legislature shall, at its next session after the adoption of this Consti¬ 
tution enact suitable laws to forever prevent “prizefighting” in this State. 

Mr. J. S. BRICE introduced the following resolution, which was 
read the first time and referred to the Committee on Militia : 

RESOLUTION IN REGARD TO THE MILITIA. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, by authority of the same, That the following pro¬ 
visions shall constitute Section-of Article-of the Constitution of the 

State: 

The militia of this State shall consist of all the able-bodied male citizens 
of the State, who are qualified electors under this Constitution, between 
the ages of twenty-one and forty-five years, except such persons as are now 
or may hereafter be exempt by the laws of the United States, or who may 
be adverse to bearing arms as provided for in this Constitution; and shall 
be organized, officered, armed, equipped, disciplined and compensated as 
the General Assembly may by law provide. 

The Governor shall have power to call out the militia to execute the laws, 
repel invasion, repress insurrection, and preserve the public peace. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 149 


Mr. McCALLA introduced the following ordinance, which was read 
the first time and referred to the Committee on Corporations : 

ORDINANCE CREATING OFFICE OF BANK INSPECTOR. 

Columbia, S. C., September 18, 1895. 

Be it ordained by the people of South Carolina, in convention assembled, 
That the State Treasurer shall be Bank Inspector, and his duty shall be to 
inspect all private and State banks quarterly, without notice, which inspec¬ 
tion shall be made by said State Treasurer or his chief clerk. 

Be it further ordained, That the General Assembly shall particularly de¬ 
fine the duties of said officer and provide for his payment. 


Mr. W. B. WILSON introduced the following resolntion, which 
was read the first time and referred to the Committee on Charitable 
and Penal Institutions : 

A RESOLUTION PROVIDING FOR THE ESTABLISHMENT AND 
MAINTENANCE OF A REFORMATORY. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the fol¬ 
lowing provision shall constitute Section — of Article — of the Constitu¬ 
tion of said State: 

Section —. Provision shall be made by the Legislature for the establish¬ 
ment and maintenance by the State of a Reformatory for the correction 
and reformation of juvenile offenders, separate and apart from hardened 
criminals. 

Mr. PARLER introduced the following resolution, which was read 
the first time and referred to the Committee on Counties and County 
Government: 

A RESOLUTION RELATING TO THE ELECTION OF COUNTY TREA¬ 
SURER AND THE ASSESSMENT AND COLLECTION OF TAXES. 

Resolved, That there shall be elected by the electors in each County a 
County Treasurer, whose term of office shall be four years, whose duty 
it will be to take returns of all taxable property and of all poll taxes 
assessed thereon. 

2nd. All persons liable to poll tax by law shall make his return in per¬ 
son or through an agent, who shall have written authority to make such 
return, and such returns shall be made once in each year. 

3rd. No return of poll tax shall be copied from any previous return or 
book. 

4th. The Legislature may enact such law as will insure the proper assess¬ 
ment, collection and disbursement of such taxes. 




150 


JOURNAL OF PROCEEDINGS, 


Mr. LOWMAN introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

RESOLUTION TO PROHIBIT THE INTERMARRIAGE OF WHITES 
WITH NEGROES, ETC., OR THEIR LIVING TOGETHER AS MAN 
AND WIFE. 

Be it resolved by the people of South Carolina, in convention assembled, 
and by the authority of the same, That the following be adopted as Sec¬ 
tion — of Article — of the State Constitution: 

Section —. The intermarriage of white persons with negroes, mulattoes, 
or persons of mixed blood descended from a negro, or their living together 
as man and wife, is prohibited in this State. 

The General Assembly shall enforce this Section by appropriate legisla¬ 
tion. 

Mr. I. R. REED introduced the following resolution, which was 
read the first time and referred to the Committee on Charitable and 
Penal Institutions : 

RESOLUTION TO ESTABLISH A “ STATE PENAL SCHOOL.” 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, that the fol¬ 
lowing provisions shall constitute Section — of Article — of the Constitu¬ 
tion of this State: 

Section —. That, distinct from the State Penitentiary, there shall be 
established a State Penal School for the confinement and training of con¬ 
victs who have attained to and are under sixteen years of age. 

Section —. That the General Assembly of this State shall locate, estab¬ 
lish, maintain and supervise said State Penal School by electing a married 
male citizen of this State as Keeper and his wife as Matron, who shall re¬ 
side therein for the term of four years, and are eligible for re-election ; and 
the General Assembly shall fix all compensations, appropriations, rules and 
trainings, or any other matter, for the government of or appertaining to 
said State Penal School. 

Mr. PRINCE introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

RESOLUTION RELATIVE TO THE ELIGIBILITY OF MEMBERS OF 
THE GENERAL ASSEMBLY AND JUDGES TO CERTAIN 
OFFICES. 

Be it resolved and ordained by the people of South Carolina, in conven¬ 
tion assembled, and by authority of the same, That the following shall 
constitute Section —, Article —, of the Constitution of the State: 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 151 


No member of the General Assembly of this State during the term for 
which he was elected shall be eligible to any office to be filled by an elec 
tion by the General Assembly, and no Judge in this State during his term 
of office shall be eligible to any other than a judicial office. 

Mr. G. D. TILLMAN introduced the following resolution, which 
was read the first time and referred to the Committee on Judicial 
Department : 

RESOLUTION PROPOSING AN ARTICLE IN THE CONSTITUTION 
TO RE-ESTABLISH THE WHIPPING POST TO PROPERLY 
PUNISH VAGRANTS, PETTY THIEVES AND HABITUAL WIFE- 
BEATERS. 

Resolved, That the whipping post shall be re-established in this State to 
properly punish vagrants, petty thieves and habitual wife-beaters, and 
that the General Assembly shall provide by appropriate legislation there¬ 
for. 

Mr. ALDRICH introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 

CONSTITUTIONAL PROVISION IN RELATION TO THE COMMON 

SCHOOLS AND INSTITUTIONS OF LEARNING IN THE STATE. 

ARTICLE - 

The General Assembly shall make due provision for the maintenance of 
the free common schools, and for all of the existing State institutions of 
higher education. 

Mr. PARROTT introduced the following resolution, which was read 
the first time and referred to the Committee on Suffrage : 

AN ORDINANCE TO EXTEND THE RIGHT OF SUFFRAGE. 

Be it resolved and ordained by the people of South Carolina, in convention 
assembled, and by the authority of the same, That men otherwise entitled 
to the right of suffrage by action of this Convention, and in addition pay 
taxes on property to the amount of two hundred dollars or more, and who 
represent a family as the head thereof, are hereby given the right to cast 
two votes in all elections of this State. 

Mr. A. H. WHITE introduced the following resolution which was 
read the first time and referred to the Committee on Education : 

SUPERVISING OF THE PUBLIC INSTRUCTION. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the fol¬ 
lowing provision shall constitute Section-of Article-of the Consti¬ 

tution of this State: 




152 


JOURNAL OF PROCEEDINGS, 


The supervision of public instruction shall be vested in a State Board of 
Supervisors of Education one from each judicial district, and one from the 
State at large, who shall be professional teachers, and shall be elected by 
the Legislature; the powers, duties, term of office and compensation shall 
be defined by the General Assembly. 

Mr. MCMAHAN introduced the following resolution, which was 
read the first time and referred to the Committee on Suffrage : 

AN ORDINANCE TO PRESCRIBE WHO SHALL BE VOTERS. 

Whereas, The right to vote is a privilege to be bestowed by the State 
upon such only of her citizens as either by reason of their vested interest 
in the State and a resulting presumption of their worth and public spirit, or 
by reason of their known combination of judgment, character and patriot¬ 
ism, may be trusted to use the power wisely and faithfully for the welfare 
of the present and the future generations of their countrymen; and whereas 
property other than in land is no guarantee that the possessor has a perma¬ 
nent interest in the State, and book-education is no indication of judgment, 
of character, or of patriotism: and whereas no general rule to be applied by 
a mere ministerial officer can embrace all the citizens who are qualified for 
this trust and at the same time exclude all who are wanting in one or more 
of the elements of qualification : 

Be it ordained by the people of South Carolina, through their delegates 
in convention assembled, That the following be the Constitutional provisions 
regulating the suffrage: 

1. No person shall vote in any election in this State except as hereinafter 
provided. 

2. Every person twenty-one years of age, of sane mind, bom of wedded 
parents, and owning the beneficial interest in a freehold estate in country 
land to the amount of one hundred acres, or in a town lot or lots to the value 
of five hundred dollars, shall be a legal voter, either in the precinct where 
his or her land is situated or in the precinct where he or she may have 
resided two months immediately preceding the election. 

3. The Legislature, at its session in 1895 and in 1896, shall, by special Act 
approved by the Governor, confer the right to vote upon such persons by 
name as in its judgment are worthy of the ballot and will use it for the 
advancement of the civilization of the State. 

4. After January first, 1897, every new Legislature shall, by special Act 
approved by the Governor, confer the suffrage according to the spirit of the 
above Section, but in the following manner only, that is to say: Each Legis¬ 
lature during its last session shall pass an Act giving notice and recommend¬ 
ing that the persons therein named are worthy to be made voters; and each 
succeeding Legislature, in selecting the persons upon whom it confers the 
suffrage, is limited to names appearing on the list recommended by the 
immediately previously elected Legislature. 

5. No petition shall be received from citizens asking the suffrage at the 
hands of the Legislature. 

6. Every person named as a voter by Act of the Legislature as hereinabove 
provided, and being twenty-one years of age, shall thereafter have the same 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 153 


irrevocable and undeniable right to vote as if he or she were qualified as a 
land owner. 

7. The right to vote shall be forfeited upon conviction of-; but the 

Governor’s pardon or an Act of the Legislature shall restore the right. 

REPORTS OF STANDING COMMITTEES. 

Mr. W. D. EVANS, Chairman of the Committee on Finance and 
Taxation, reported “An ordinance to pension certain Confederate 
Soldiers,” and requested that it be referred to the Committee on 
Militia; which was agreed to. 

Mr. W. D. EVANS, for the Committee on Finance and Taxation, 
submitted the following report: 


REPORT OF THE COMMITTEE ON FINANCE AND TAXATION ON 
RESOLUTION TO PROVIDE AND FIX SALARIES FOR ALL CON¬ 
STITUTIONAL OFFICERS. 


The Committee on Finance and Taxation, to whom was referred “A 
Resolution to provide and fix salaries for all Constitutional Officers,” intro¬ 
duced by Mr. T. I. Rogers and referred to this Committee, respectfully 
report that they have carefully considered the same, and recommend that 
the Resolution be amended so as to apply only to State Officers and Judges 
of the Supreme and Circuit Courts, and that the Resolution be referred to 
the Committee on Executive Department. 

All of which is respectfully submitted. 

W. D. EVANS, for Committee. 

The report of the Committee was adopted. 

Mr. B. R. Tillman, from the Committee on Suffrage, submitted the 
following report, which was considered immediately and agreed to : 

REPORT OF THE COMMITTEE ON SUFFRAGE ON THE MATTER OF 
THE CONTEST FROM WILLIAMSBURG COUNTY. 

The Committee on Suffrage, to whom was referred the petition and con¬ 
test of James Thorpe, Louis Jacobs, G. W. McCullough and J. E. A. Keeler, 
petitioners, contesting the seats of T. M. Gilland, George J. Graham, W. 
R. Singletary and S. W. Gamble, the sitting members of this Convention 
from the County of Williamsburg, beg leave to report that they have duly 
considered the said petition and contest, and heard the parties thereon, and 
that they find: 

First, That the contestees, the sitting members from Williamsburg 
County, are T. M. Gilland, George J. Graham, W. R. Singletary and S. W. 
Gamble, as appears by returns of the Managers of Election, the action of 
the County Board of Canvassers and State Board of Canvassers, and the 



154 


JOURNAL OF PROCEEDINGS, 


certificates of the Secretary of State issued in pursuance thereof, were duly 
elected as delegates to this Convention, and are entitled to seats in this 
body. 

Second, That the contestants Janies Thorpe, Louis Jacobs, G. W. McCul¬ 
lough, J. E. A. Keeler, have failed to establish their title to seats in this 
Convention as delegates from Williamsburg County. 

Third, That we recommend that the actual personal expenses up to date 
of each of the contestants except Louis Jacobs, amounting to $24.72 each, 
be paid as a part of the expenses of this Convention. 

B. R. TILLMAN, 
Chairman of the Committee. 


Mr AUSTIN, Chairman of the Committee on Counties and 
County Governments, reported the various ordinances and resolu¬ 
tions relating to the formation of new Counties, and asked that his 
Committee be discharged from the further consideration of the same ; 
which was agreed to. 

Mr. PATTERSON said that he had a resolution of a nature per¬ 
sonal to the President to present, and requested that the President 
vacate the chair and that he call one of the Vice Presidents to the 
chair. 

The PRESIDENT.thereupon requested Mr. Talbert, one of the 
Vice Presidents, to take the chair. 

Mr. PATTERSON introduced the following resolution and asked 
its immediate consideration ; ten members objecting, it was refused : 

Whereas, The State, a newspaper published in the city of Columbia, did 
on the 17th inst., in its editorial columns, contain the following statement 
in reference to the action of the President of this Convention in announc¬ 
ing a vote upon a motion to take a recess, when the question as to whether 
Saluda should be inserted in the lieu of Butler, in the resolution before 
this Convention on the 16t.h inst., to-wit: “On a division vote intended to 
defer final action on the matter until Irby’s support could be rallied, the 
President openly and defiantly misstated the return of the tellers, sub¬ 
tracting two announced votes from Irby’s side in order that he might 
show a majority of one against postponement.” 

Therefore, he it resolved, That as said editorial statement is unsupported 
by the facts, Senator Irby having announced upon the floor of. the Conven¬ 
tion that the announcement of said vote by the President was correct, and 
as said statement is a reflection upon the honesty and integrity of the 
President of this Convention, and an insult to this body, 

Be it resolved, That this Convention do hereby pronounce said editorial 
statement as being a malicious falsehood. 

The resolution being read, it was ordered to lie over for considera¬ 
tion to-morrow. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 155 


Mr. PATTERSON moved that it be made a special order for 
to-morrow immediately after the reading of the Journal, which was 
agreed to. 

Mr. STANYARNE WILSON moved that when this Convention 
adjourn it stand adjourned until 12 M. to-morrow, which was 
agreed to. 

Mr. GEO. JOHNSTONE asked and obtained leave of absence for 
his colleague, Mr. Mower, for to-morrow. 

Mr. SINGLETARY asked and obtained leave of absence for him¬ 
self till Monday, the 23d inst. 

Mr. PARLER asked and obtained leave of absence for bis col¬ 
league, Mr. Howell, till Friday next. 

Mr. STANYARNE WILSON asked and obtained leave of absence 
for his colleague, Mr. Bobo, until Friday next. 

Mr. EFIRD asked and obtained indefinite leave of absence for his 
colleague, Mr. Lybrand. 

On motion of Mr. IRBY, at 1 P. M. the Convention adjourned 
until 12 M. to-morrow. 


NINTH DAY. 


Thursday, September 1 9 S 1 895. 


The Convention assembled at 12 o'clock M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 

The PRESIDENT presented a communication from Mr. Charles T. 
Walker, of Chicago, Illinois, which, being read, was, on motion of Mr. 
STANYARNE WILSON, received as information. 

Ordered that printing be dispensed with. 






156 


JOURNAL OF PROCEEDINGS, 


Mr. STANYARNE WILSON asked and obtained permission to 
withdraw from the files of the Convention the papers relating to the 
formation of Limestone and Ennoree Counties. 

Mr. PATTERSON called for the following : 

SPECIAL ORDER IMMEDIATELY AFTER THE READING OF 

THE JOURNAL. 

No. 8. Relating to an editorial in the “ State” newspaper on the 
17th instant. 

The PRESIDENT called Mr. Talbert to the chair. 

Mr. PATTERSON introduced the following substitute for the 
Special Order : 

Whereas, The State, a newspaper published in the city of Columbia, 
did on the 17th instant, in its editorial columns, contain the following state¬ 
ment in reference to the action of the President of this Convention in 
announcing the vote upon the motion to take a recess, when the question 
as to whether the name Saluda should be inserted in lieu of Butler, in the 
resolution before the Convention on the 16th instant, to-wit: “On a divi¬ 
sion vote intended to defer final action on the matter until Irby’s support 
could be rallied, the President openly and defiantly misstated the return of 
the tellers, subtracting two announced votes from Irby’s side, in order 
that he might show a majority of one against postponement; ” therefore 
be it 

Besolved 1, That said editorial statement is unsupported by the facts, 
Senator Irby having announced upon the floor of the Convention that the 
announcement of said vote by the President was correct; and as said edi¬ 
torial is a reflection upon the honesty and integrity of the President of this 
Convention, and an insult to this body, be it 

Besolved 2nd, That this Convention desires to express its entire confi¬ 
dence in the integrity, honesty and fairness of our President, the Hon. 
John Gary Evans, and we do hereby declare the statement in the aforesaid 
editorial to be unsustained by the facts and untrue. 

Besolved 3d. That we consider the editorial in question an abuse of the 
privilege granted to the Press in admitting its members to the floor of this 
Convention. 

Mr. BATES offered the following as a substitute for the original 
and the substitute proposed by Mr. Patterson : 

Whereas, on the 16th inst., while this Convention had under considera¬ 
tion an amendment to an ordinance creating a new County from a part 
of the territory of Edgefield, which amendment proposed a change of name 
from “ Butler to Saluda,” a motion was made to take a recess; 

And whereas a division being called for in the vote on this motion, and, the 
result having been announced by the tellers while there was confusion in 
the body, a misunderstanding arose as to the number of yeas reported by 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 157 


the tellers and the number announced by the Ptesident, whereupon the 
President ordered another vote, the result of which was the same as that 
announced by him at first; 

And whereas a certain newspaper in this city, to wit, The State, has 
seen fit to impute to our honorable President an unscrupulous and inten¬ 
tional misstatement of a fact for partisan purposes; therefore be it 

Resolved 1st, That we do hereby unhesitatingly exonerate the President 
of this Convention from any intentional misstatement of the vote on said 
occasion, for partisan or for any other purposes; and further, that he mani¬ 
fested his absolute fairness by ordering another vote as soon as it occurred 
to him that there had been a misapprehension as to the result of the first. 

Resolved 2nd, That this Convention does not deem it necessary to answer 
by abuse nor denunciation any of the adverse or defamatory criticisms of 
its actions, or of its officers, by any newspaper or newspapers, person or 
persons; and that we reaffirm our confidence in the ability and integrity of 
our presiding officer. 

Mr. PATTERSON moved to lay the substitute proposed by Mr. 
Bates on the table, which was agreed to. 

Mr. ALDRICH moved to strike out Section 3 of the substitute pro¬ 
posed by Mr. Patterson, and insert the following in lieu thereof : 


Resolved 3. That the said newspaper, The State, has abused the privilege 
allowed to the press by this Convention; and that for the balance of the 
session its representatives be denied admission to the floor of the Conven¬ 
tion ; and that the Sergeant-at-Arms be charged with the enforcement of 
this resolution. 

Mr. D. S. HENDERSON moved to lay the amendment of Mr. Al¬ 
drich on the table, which was agreed to. 

Mr. GAGE moved the following as a substitute for the original 
resolution and the substitute proposed by Mr. Patterson : 

Resolved, That this Convention hereby expresses its confidence in the 
integrity of the Hon John Gary Evans, President of this body, and does 
hereby repudiate any public expressions to the contrary. 

Mr, PRINCE moved to lay the resolution of Mr. Gage on the 
table ; which was agreed to. 

Mr. BARKER moved to indefinitely postpone the whole matter. 

The question being put, the Convention refused to indefinitely 
postpone. 

After debate upon the various amendments and substitutes pro¬ 
posed, participated in by Messrs. Patterson, Bates, Garris, Aldrich, 
Sheppard, D. S. Henderson, Berry, Jervey, Burn, Haynsworth, Gage, 




158 


JOURNAL OF PROCEEDINGS, 


McGowan, Farrow, Rogers, W. D. Evans, Barker, Geo. Johnstone, 
Stanyarne Wilson, B. R. Tillman, Parrott and Prince, 

The question was put upon the original substitute offered by Mr. 
Patterson and adopted by a viva voce vote. 

Mr. B. R. TILLMAN moved to reconsider the vote whereby the 
Convention agreed to adopt the substitute for the original resolution 
proposed by Mr. Patterson ; which was agreed to. 

Mr. B. R. TILLMAN demanded the yeas and nays upon the ques¬ 
tion of adopting the substitute, which was duly seconded. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

Yeas, 123 ; nays, 23. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Ashe, Atkinson, Austin, Barry, 
Barton, Bates, Behre, Bellinger, Bowen, Bowman, Bradham, Brea- 
zeale, J. S. Brice, T. W. Brice, Bryan, Buist, Burn, Byrd, Cantey, 
Carver, Cla}don, Connor, Cooper, Cunningham, Dellay, Dennis, 
Dent, Derham, Douglass, Efird, Estridge, W. D. Evans, Field, 
Floyd, Fraser, Gamble, Garris, J. L. Glenn, J. P. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Henry, Hiers, Hodges, Houser, Howell, 
Hutson, Irby, T. E. Johnson, George Johnstone, Wilie Jones, Keitt, 
J. W. Kennedy, Klugh, Lowman, McCalla, McCaslan, McCown, Mc- 
Dermotte, McKagen, McMakin, McWhite, Matthews, Meares, Miller, 
Mitchell, J. D. Montgomery, Moore, Morrison, Murray, Nash, 
Nathans, Nicholson, Oliver, Ott's, Parler, Parrott, Patterson, Peake, 
Perritte, Prince, Redfearn, John Reed, Rogers, Rosborough, Row¬ 
land, Russell, Shuler, Sligh, Sloan, A. J. Smith, W. C. 'Smith, 
Smoak, Sprott, Stackhouse, Stokes, Stribling, Sullivan, Talbert, Tay¬ 
lor, B. R. Tillman, G. D. Tillman, Timmerman, W T aters, Wharton, 
Whipper, A. II. White, Wiggins, Stanyarne Wilson, W. B. Wilson, 
Winkler and Woodward.—123. 

Those who voted in the negative are: 

Nays—Messrs. Anderson, Barker, Berry, Doyle, Dudley, Farrow, 
Fitch, Gage, Jervey, E. J. Kennedy, Lee, McGowan, McMahan, 
W. I. Montgomery, Ragsdale, J. H. Read, Sheppard, Smalls, Jere¬ 
miah Smith, R. F. Smith, VonKolnitz, Wells and S. E. White.—23. 

So the Convention agreed to the substitute proposed by Mr. Pat¬ 
terson. 

The following gentlemen asked permission to have spread upon the 
Journal the reason for their vote : 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 159 


I vote ‘‘yea” on the resolution of Mr. Patterson in reference to the edito¬ 
rial in the State, understanding that they mean as untrue that part which 
imputes intentional misstatements on the part of our President, and refer 
to the resolutions which I offered this morning as a substitute for Mr. Pat¬ 
terson’s. 

Geo. H. Bates. 

I wish to place on record my entire confidence in our President, who was 
my first choice for the position which he so acceptably fills, and also my 
condemnation of the slander uttered against him by the State newspaper 
in unseemly violation of the courtesies extended to it by this Convention. 

But I was forced to vote in the negative on the passage of the Patterson 
resolution because this was so worded as to declare that Senator Irby’s 
concession on the floor of the Convention that the President was correct 
establishes that the State had not even the foundation of fact that the 
President was in error; whereas I understood the tellers to announce the 
affirmative vote on taking a recess “39” and “30,” which would be “69” as 
claimed by the State. John J. McMaiian. 

W. M. Fitch votes “no” because he does not believe that the President 
should be put in the position of needing a resolution to affect his character, 
as his personal acquaintance with the President has taught him the high 
character of the President; and, further, he believes that this Convention 
has no business in passing any resolution relating to a criticism in a news¬ 
paper. W. M. Fitch. 

I voted “aye” upon the resolution offered by the gentleman from Barn¬ 
well, Mr. Patterson, in relation to certain strictures of the State, a newspa¬ 
per published in the city of Columbia, on the action of the President of 
this Convention in connection with the ordinance for the establishment of 
Saluda or Butler County because to have done otherwise might have 
appeared to reflect on the integrity of the President on the occasion and in 
connection with the matter indicated. I voted to indicate my confidence in 
his good faith in that matter; beyond that I do not wish to be understood 
as going. 

Could I have had a way to indicate my belief in the good faith of the 
President in this matter other than by voting “aye,” I should have voted 
“no,” because I do not think that the matter was a proper one to be con¬ 
sidered by the Convention. George Johnstone. 

I am willing and take great pleasure in vindicating our President against 
any and all imputations made by the State on the 17th instant, but am 
unwilling to criticise that newspaper further. Therefore, I vote no. 

R. F. Smith. 

I vote “no” because I do not recognize that the necessity for a resolution 
of confidence in its presiding officer has been, or can be, created by the 
attack of a newspaper editor, and because I deny the right to require the 
members of this Convention to vote for or against such a resolution. 

Theodore G. Barker. 





160 


JOURNAL OF PROCEEDINGS, 


I vote 
"by me. 


“no” because my judgment is expressed in the substitute proposed 


G. W. W. Gage. 


On the consideration of the Patterson resolution I vote “no,” not for any 
want of confidence in the President of this Convention, but because I would 
have voted for the substitute of the delegate from Chester, and think that 
as far as this Convention should have taken notice of the matter. 

E. J. Kennedy. 


I voted “no” because 

1. I was not present when the question which brought forth the resolution 
was at issue. 

2. In my opinion the matter should never have been brought before the 
Convention. 

3. Having been brought before the Convention, the Gage resolution was 
the proper disposition of it. 

W. J. Montgomery. 


On the question as to the adoption of the resolution of Mr. Patterson, of 
Barnwell, relative to a certain editorial in the State newspaper, I vote “no” 
because I consider it beneath the dignity of the presiding officer and of this 
Convention to notice said editorial, and the presiding officer needs no vindi¬ 
cation against the charge of intentional unfairness. 

G. G. Wells. 

Mr. VonKolnitz votes “no” because he was absent from the city during 
the proceedings in question, and while willing and desirous of affirming his 
belief in the fairness and integrity of the President, the form of resolution 
precluded this, and he cannot by vote assume to characterize the opinion of 
the editor of the State as “untrue.” 

Mr. J. P. K. Bryan, of Charleston, S. C., voting “aye” on the resolution 
offered by Mr. Patterson, of Barnwell, relating to the editorial of the State on 
the action of the Chairman on Monday, September 16th, assigns for his reason 
for so voting “aye” that he has had no other opportunity of voting upon 
the question of motive and intent on the part of the President, and unless 
he so votes “aye” he might be construed as reflecting upon the integrity of 
the Chairman; and he desires to express by his vote only his belief that the 
President was not guilty of any intentional error in stating the result of the 
vote. Further than that he is not willing to go. 

I voted “no” on the resolution of Mr. Patterson, from Barnwell, for the 
following reasons: 

1. The President needs no vindication of his honest intentions. 

2. The delegates to the Convention are not assembled to try cases of libel, 
and they have no right to waste the money of the people in advertising any 
newspaper. 

3. The precedent is dangerous to the harmony and peace of the Conven¬ 
tion, and the criticism of any paper should be treated with silent contempt. 

T. E. Dudley. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 161 


On the question of adopting the resolution of Mr. Patterson, from Barn¬ 
well, I voted “no.” If the resolution had only vindicated the President and 
repudiated the editorial of the State (paper), denouncing it as untrue, I 
should have voted “aye,” hut as the resolution contained more than this I 
could not vote for it. 

Jeremiah Smith. 

Upon the resolution offered by the gentleman from Barnwell (Mr. Patter¬ 
son) 1 voted “no.” I wish to say that I do not approve of the editorial in 
question, and I do not believe that the statement therein—that the Presi¬ 
dent “intentionally” misstated the result of* the count—can be sustained; 
but I believe that the substitute offered by the member from Chester was 
the best solution of the situation, hence I voted “no” on the Patterson 
resolution. 

J. C. Sheppard. 

I voted in favor of the substitute offered by Mr. Gage, of Chester, which 
vindicated the President of the Convention. I voted “no” on the resolu¬ 
tions passed because they, in my opinion, declared too much. 

0. M. Doyle. 

The PRESIDENT proceeded to call by Counties for memorials, 
resolutions and such like papers. 

On motion of Mr. HENRY the call by Counties was dispensed with. 

MEMORIAL. 

Mr. McMAHAN introduced the following memorial, which was 
read the first time and referred to the Committee on Municipal Corpo¬ 
rations and Police Regulations : 

MEMORIAL. 

Governmental Corporation Debt and the Tendency of Municipal 
Corporations Towards Unlawful Expenditure of Public Funds 
and Extravagance. 


By D. H. Means. 


To the Honorable the Constitutional Convention of South Carolina: 

Since the time when it became necessary for a Roman Emperor to abolish 
a corporation, corporations have constantly arrogated power never originally 
conferred, till the creature has become more powerful than the creator; and 
while no State can create a public debt that the people may not repudiate, 
governmental corporations may contract debts that the State and people 
in all their sovereignty cannot repudiate. The Convention, therefore, 
whatever it leaves undone, should, by constitutional limitations, so harness 
this dangerous creature in its taxing and debt-creating power that here¬ 
after in South Carolina it may ever be the servant and not the master of 

11—500 






162 


JOURNAL OF PROCEEDINGS, 


the people. It is a question of gigantic proportions, because modern civili¬ 
zation has multiplied the number of political corporations, each having a 
separate taxing and debt-creating power over the same territory, the same 
property, the same people. A vicious or deluded vote upon all questions 
not involving contract can do but temporary injury, and the greater the 
wrong thereby committed against the community at large, the more quickly 
M ill the people rise in their might and apply the remedy by an exercise of 
the repealing power. But the injury resulting from the wrongful or improvi¬ 
dent creation of a legal debt of a public corporation is without remedy and 
permanent. A vicious or even an honestly deluded voter in saddling 
upon a County, city or other public corporation an extravagant and un¬ 
necessary bonded debt steals or squanders not only from estates in pos¬ 
session, but from the inheritance of generations yet unborn. This is not 
a theory of what might happen, but it is a statement of what has hap¬ 
pened and is happening every day. From one end of this broad land 
to the other governmental communities are staggering under intolera¬ 
ble burdens of bonded indebtedness—burdens bequeathed to them by 
the voters or aldermen of bygone generations, who, deluded by de¬ 
signing jobbery or dazzled by visionary enthusiasm, in one brief day 
entailed upon themselves and posterity a wrong which no known 
principle of law or equity can remedy. Such being the far-reaching and 
irremediable damage resulting from the abuse of the power of creating 
corporate. governmental bonded indebtedness, it behooves the Convention, 
whatever it leaves undone, to incorporate in the new Constitution a limita¬ 
tion that'will limit and a restriction that Mill restrict the amount of public 
corporate bonded indebtedness that may be incurred. 

In theipresent Constitution of South Carolina there is the following provis¬ 
ion : Article IX, Section 17. Any bonded debts hereafter incurred by any 
county, ununieipal corporation or political division of this State shall never 
exceed eight per centum of the assessed value of all the taxable property 
therein. Carefully as it was drawn, this limitation does not limit , as the 
.following statement as to its elfect upon the city of Columbia Mill show : 
\When the • above eight per cent, provision was incorporated into the Con¬ 
stitution 'the bonded debt of the city was sixteen and one-half per cent., 
.and the eight per cent, clause was construed to authorize an increase of 
■ eight per cent, in addition to M r hat already existed. So this eight per cent, 
added to the sixteen and one-half per cent, authorizes a debt for the city of 
.twenty-four and one-half per cent. Again, by the multiplication of politi- 
■cal subdivisions, there is a school district, a township, and a county, each 
with a separate taxing power over the city’s territory. So that for the city’s 
territory, besides the twenty-four and one-half per cent, for the city, there 
may be an eight per cent, increase for the school district, and another eight 
per cent, for the township, and another eight per cent, for the County, mak¬ 
ing it possible to increase the bonded debt over the city’s territory to forty- 
eight and one-half per cent, of the taxable property—which would be an 
intolerable burden over the same city, the same territory, the same people. 
But this is not all, for by further increasing political subdivisions covering 
same territory and by raising the valuation of property for municipal taxa¬ 
tion over the true value, this forty-eight and one-half per cent, may be in¬ 
definitely increased. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 163 


The Mayor and Aldermen of the city wherein the Convention now meets 
furnished a forcible argument in favor of the necessity of limiting corpo¬ 
rate powers, when, upon the eve of this Convention, they voted one thou¬ 
sand dollars of the city’s money as a gift to a private corporation, and this, 
too, when pending the vote their attention was called to the fact that their 
able City Attorney, Mr. John P. Thomas, Jr., had furnished them with a 
written opinion that such a gift would be illegal. This same Board of 
Aldermen had a few months previously voted and paid as a gift $2,500 of 
the city’s money to another private corporation; and the same City Attor¬ 
ney has rendered an opinion that it was unlawful for them to raise money 
by taxation for such gift. These are the acts of intelligent, honorable men— 
mostly personal friends of the writer—of the rectitude of whose intentions 
he has no doubt; but the very rectitude of their intentions only emphasizes 
the necessity of constitutional limitation upon the taxing and debt-creating 
power of municipal corporations, and the necessity, under the most favorable 
conditions of municipal government, of having municipal disbursements 
audited by a bonded State officer, free from the contagion and dazzling effect 
of visionary enthusiasm and local influence. And if the righteous, by the opin¬ 
ion of an able city attorney, cannot be saved from unlawful official gener¬ 
osity in disbursing public funds, to what extent would the sinner go—such 
sinners as were twenty-five years ago the aldermanic abortions of the mu¬ 
nicipal ballot box. The goodness of the aldermanic intention no more saves 
the city treasury from loss incident to unlawful donation or appropriation 
of public funds than did good intention save from death him who took 
morphine honestly believing it to be quinine. But suppose a person 
insisted upon administering, nolens volens , to others for quinine that which 
an able chemist had warned him was morphine, how would the story then 
read! Would not measures be speedily taken to effectually restrain such 
an one from the pursuit of such a course ¥ 

There is a lesson for the Convention in the fact that the city of Columbia 
to-day pays interest on a debt of $430,000 incurred in the erection of an 
opera house worth about $65,000—a building not now and never needed for 
purely governmental purposes. And this is only one of the many similar 
structures all over this land, looming up as beacons, warning statesmen of 
the danger of committing to the uncertain tide of unrestricted suffrage, or, 
worse still, to the possible aldermanic accidents of the municipal ballot 
box, a question freighted with such direful possibilities as the unrestricted 
power to incur a corporation debt. There is significance in the fact that a 
local committee in the city of Charleston, in the fire-proof building, valued 
a taxpayer’s property at $87,820 for State taxation, and then these same 
persons, as another committee, met in the City Hall, and, for the same 
year, valued for municipal taxation this same property at $141,085. [See 
case of Ross vs. Kelly, now pending in State Supreme Court.] The writer 
uses Charleston and Columbia as illustrations, merely because he happens 
to be informed as to these, and not because a similar condition of aftaiis 
may not probably exist elsewhere, and thinks the instances cited will suf¬ 
fice to illustrate. 

Created for purely governmental purposes, governmental corporations 
should be prohibited from embarking by means of subscriptions and its 
debt-creating power in the railroad, the opera house, the show business, or 



164 


JOURNAL OF PROCEEDINGS, 


other industrial enterprises not germane to government, as is prohibited in 
the Constitution of some of the most progressive States in the Union. 

It is most important that this Convention, in dealing with governmental 
corporate powers as to taxation and debt, consider the causes operating in 
the towns and cities, radically different from those obtaining in the country. 
Experience all over the civilized world shows that in municipal government 
the tendency is towards extravagance, while in rural districts there is gen¬ 
erally no such tendency, and the reason is obvious. In the country nearly 
every voter owns the land on which he lives—is a freeholder—while in the 
city exactly the contrary obtains. Municipal elections are controlled by a 
large majority of non-freeholders, while in rural elections the freeholders 
rule. The anxieties and responsibilities of proprietorship ha ve engendered 
in the freeholder the habit of serious thought and cautious action—espe¬ 
cially in matters affecting property. Municipal corporation debt is a lien 
qualified and voidable as to personal property, because it is a lien thereon 
only while it exists or remains within the territory of the municipal taxing 
power, and personal property is both perishable and portable—easily spi¬ 
rited away or converted into bonds or other choses in action beyond the ken 
or power of the tax gatherer. On the other hand, such public bonded debt 
is a lien absolute and unavoidable upon the land—the freehold—because it 
is in its nature ascertainable and tangible, immovable and imperishable, 
and if the freeholder sells he must sell subject to this lien, with a neces¬ 
sary depreciation in value. 

When the long and burdensome years of reckoning shall have come, the 
political adventurer, the designing demagogue, the citizen of extravagantly 
progressive ideas as to public expenditure, the successful merchant (too 
fearful of making enemies to mix in politics,) and every other class except 
the freeholder, may board the train with their respective bonds, stocks, 
goods, wares and merchandise and all other personalty, and leave the free¬ 
holder to bear not only his own but their share of an intolerable burden 
that their selfishness, recklessness, mistake or indifference has placed upon 
him. The freehold is the foundation upon which the entire superstructure 
of government rests. It is the soil into which the roots of patriotism strike 
deep. Nothing can harm the freehold and not the commonwealth; nothing 
can injure the commonwealth and not the freehold. Chained to the deck 
of the Roman galley, and knowing that if the vessel perished he perished 
also, the most craven and debased galley slave in the dire emergency of 
battle rendered reliable and effective though unwilling service. Then how 
can the freeholder—a freeman—bound to the freehold, and, therefore, to 
the ship of State, not by the galling chains of servitude, but by the potent 
and delightful bond of interest and sentiment, be he virtuous or vicious, 
generous or selfish, cast other than a safe vote upon a question so vitally 
affecting the government, the freehold and himself ? 

Hence the hope of the Federal Government in curbing reckless extrava¬ 
gance in governmental expenditures is found in the rural and agricultural 
South, and not in the urban and industrial North; and there is a lesson 
right here for this Convention in providing who shall vote upon the ques¬ 
tion of incurring municipal debts. 

The writer has observed that Hon. W. D. Evans has introduced the fol¬ 
lowing admirable ordinance: “All taxes, whether for State, County, city, 
township or other public or corporate purpose, levied upon and collected 




SOUTH CAKOLINA CONSTITUTIONAL CONVENTION. 165 


out of property in this State, shall he authorized by, and included in, the 
successive legislative supply Acts; and the same shall he collected all 
together and at the same time hy such officials as the Legislature may pro¬ 
vide; and the disbursement of such portion thereof as may he made hy the 
officer of any County, township, city, municipal corporation, or other polit¬ 
ical subdivision, or public governmental corporation, shall he reported to 
and audited hy the Comptroller General.” 

While not interfering with the autonomy of the city, this ordinance will 
throw the light of legislative investigation and discussion upon municipal 
tax levies, and an effective safeguard around municipal disbursement of 
public funds. If the City Treasurer had known that his disbursements 
must he passed upon hy a State bonded officer, it is not likely that he would 
have paid out the thousands of dollars of public money unlawfully ordered 
hy the Aldermen of Columbia to he given to private corporations, with the 
probability of his being called upon for its reimbursement to the taxpayers. 
The high character and intelligence of this official and the rectitude of his 
intentions, as in the case of the Aldermen, only emphasizes the lesson to be 
learned. 

Again, in providing that all taxes shall be collected under one legislative 
levy, all together and at the same time, Mr. Evans’s ordinance will insure 
one valuation for all taxation, and prevent municipalities from indefinitely 
and arbitrarily increasing valuations for taxation, and thus circumventing 
legislative and constitutional limitations as to the percentage of taxable 
values to which their municipal tax levy or debt shall go, or to meet their 
desire for revenue. And it will also eliminate local fear or favor in enforc¬ 
ing tax executions. 

The taxpayer will then make one tax return and pay taxes to one person, 
and not. as now, have to make as many returns and pay taxes to as many 
persons as there happens to be separate taxing power over his property, and 
Mr. Cooley says that the convenience of the taxpayer is as imperative as 
the necessity for revenue. 

In fixing the percentage of the value of taxable property beyond which 
governmental corporation debt shall not go, it is hoped that the Convention 
will so frame the ordinance that the limitation shall have reference both to 
the debt previously existing and that thereafter to be created, and so that 
the limitation will also refer to and include the sum of the debts of the 
County, township, school district and city or other political division where 
they all extend over the same territory, as is the case in Columbia. 

The above is submitted at the request of certain taxpayers and the sug¬ 
gestion of some members of the Convention, and in the interest of many 
widows and orphans unable to participate in politics—small freeholders, 
whose limited income is barely sufficient for their support and the payment 
of present State and municipal taxes. 

To a Convention composed largely of freeholders, who, of all men, 
realize the danger of extravagant County, township, city or other govern¬ 
mental corporation debt, and of able lawyers, who, of all men, realize the 
irremediable and direful consequences of such improvident debt upon 
estates in possession, estates in reversion and upon estates in remainder— 
upon present and future generations, and of substantial business men 
whose training impels them to look closely into finance and to preclude all 




166 


JOURNAL OF PROCEEDINGS; 


possibility of extravagance and bankruptcy—to such a Convention, in full 
confidence of the wise limitations that will result from their deliberation, 
the above is respectfully submitted. D. H. MEANS. 

Columbia, S. C., September 17th, 1895. 


RESOLUTIONS. 

The Committee on the Executive Department introduced the fol¬ 
lowing resolution, which was read the first time and referred to the 
Committee on Suffrage : 


RESOLUTION PROVIDING THAT OFFICIAL RESIDENCE SHALL 
NOT AFFECT THE RIGHT OF SUFFRAGE OF STATE OFFICES. 


Resolved, That Section 4 of Article 8 of the Constitution be amended by 
adding thereto the following provision : 

That official residence shall not affect the right of suffrage of State 
officers. 


Mr. MONTGOMERY introduced the following resolution, which 
was read the first time and referred to the Committee on Education : 


A RESOLUTION PROVIDING FOR REASONABLE TUITION FEES 
IN ALL INSTITUTIONS FOR HIGHER EDUCATION SUPPORTED 
IN WHOLE OR IN PART BY THE STATE. 

Resolved, That after the fifteenth day of June, 1899, reasonable tuition 
fees shall be charged in .all institutions for higher education in this State 
supported in whole or in part by the State. 


Mr. OTTS introduced the following ordinance, which was read the 
first time and referred to the Committee on Penal and Charitable 
Institutions: 

AN ORDINANCE REQUIRING CHAIN GANGS. 

Be it ordained, etc.: 

Section —. A chain gang shall be established in every County in the 
State: Provided, That this Section shall not prevent two or more Counties 
from consolidating their respective chain gangs. 

Mr. SULLIVAN introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 167 


RESOLUTION EMPOWERING THE GOVERNOR TO SUSPEND 
ALLEGED DEFAULTING STATE AND COUNTY TREASURERS 
AND TO FILL THEIR OFFICE PENDING INVESTIGATION. 

Be it resolved by the people of South Carolina, in convention assembled, 

That the following provision shall constitute Section-of Article-of 

the Constitution of the State: 

The Governor shall have the power, and it is hereby made his duty, to 
suspend alleged defaulting State and County Treasurers pending the 
investigation of their respective accounts, and to make temporary appoint¬ 
ments of proper persons to till the offices while such investigations are 
being made, and the General Assembly shall provide for the enforcement 
of this provision by appropriate legislation. 

Mr. MOORE introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Depart¬ 
ments : 

AN ORDINANCE TO PROVIDE COMPENSATION BY EXEMPLARY 
DAMAGES FOR DEATH RESULTING FROM WILLFUL ACT, 
OMISSION OR GROSS NEGLIGENCE. 

We, the people of the State of South Carolina, in convention met, do 
ordain: 

That every person, corporation or company that may commit a homicide 
through willful act, omission or gross negligence shall be responsible in 
exemplary damages to the surviving husband, wife or heirs at law of him 
or her, without regard to any criminal proceeding that may be had for 
such homicide. 

Mr. T. E. JOHNSON" introduced the following resolution, which 
was read the first time and referred to the Committee on Education : 

RESOLUTION PROVIDING A SYSTEM OF PUBLIC INSTRUCTION. 

Be it resolved, Section 1. The supervision of public instruction shall be 
vested in a State Superintendent of Education, who shall be elected by the 
qualified electors of the State in such manner and at such time as the other 
State officers are elected; his powers, duties, term of office and compensa¬ 
tion shall be defined by the General Assembly. 

Section 2. There shall be elected every four years in each County, by the 
qualified electors thereof, one School Commissioner, said Commissioners to 
constitute a State Board of Education, of which the State Superintendent 
shall, by virtue of his office, be chairman. The powers, duties and com¬ 
pensation of the members of said board to be determined by law. 

Section 3. The General Assembly shall provide for a liberal system of 
free public schools throughout the State, and shall also make provision for 
the division of each County into suitable school districts. They shall pro¬ 
vide that separate schools be established for white and colored children be¬ 
tween the ages of six and twenty-one years. 



168 


JOURNAL OF PROCEEDINGS, 


Section 4. It shall be the duty of the General Assembly to provide for 
the compulsory attendance, at either public or private schools, of all chil¬ 
dren between six and twenty-one years, not physically or mentally disabled, 
for a term equivalent to twenty-four months at least: Provided, That no law 
to that effect shall be passed until a system of public schools has been 
thoroughly and completely organized and facilities afforded to all the 
inhabitants of the State for the free education of their children. 

Section 5. The Boards of County Commissioners of the several Counties 
shall levy an annual tax of two mills on the dollar of all the taxable prop¬ 
erty in their respective Counties, which levy shall be for the support of the 
public schools in their respective Counties, which tax shall be collected at 
the same time and by the same officers as the other taxes for the same year, 
and shall be held in the County treasuries of the respective Counties and 
paid out exclusively for the support of the public schools as hereinafter 
provided. There shall be assessed on all taxable polls in the State an an¬ 
nual tax of one dollar on each poll, the proceeds of which tax shall be 
applied exclusively to the public schools. The school tax shall be dis¬ 
tributed among the different school districts in proportion to the scholastic 
population in the different school districts respectively. But each tax¬ 
payer shall have the right to direct to what school or schools, in the County 
in which it is paid, the tax paid by him for school purposes shall be applied, 
which direction shall be obeyed with this limitation, to wit: if the dis¬ 
tributive share of the general fund (to wit, the fund not directed to be 
specifically applied) of any school, together with the amounts directed to 
be applied to said school for any year shall be more than sufficient to 
maintain the same for a period of four months in each year, then the sur¬ 
plus shall be distributed amongst the schools of such County by the 
County School Commissioner. No religious sect or sects shall have 
exclusive right to, or control of, any part of the school funds of the State, 
nor shall sectarian principles be taught in the public schools. 

Section 6. The General Assembly shall provide for the establishment 
and support of a State Normal School, which shall be free and open to all 
persons who may wish to become teachers, with such restrictions and limi¬ 
tations as they may fix by law. 

Section 7. Educational institutions for the benefit of all the blind, deaf 
and dumb, and such other benevolent institutions as the public good may 
require, shall be established and supported by the State, subject to such 
regulations as may be prescribed by law. 

Section 8. Provisions shall be made by law, as soon as practicable, for 
the establishment and maintenance of a State reform school for juvenile 
offenders. 

Section 9. All the public schools and colleges of this State, supported in 
whole or in part by the public funds, shall be free and open to all the chil¬ 
dren and youths of the State without regard to race or color; but the Gen¬ 
eral Assembly shall provide for separate schools and colleges for the two 
races. 

Section 10. The General Assembly shall never appropriate for the sup¬ 
port and maintenance of the colleges and other institutions for higher edu¬ 
cation of the State for any year an amount or amounts exceeding one-sixth 
of the total amount of the taxes collected in the preceding year for the 
common schools of the State. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 169 


Section 11. The proceeds of all lands that have been or may hereafter be 
given by the United States to this State for educational purposes, and not 
otherwise appropriated by this State or the United States, and of all lands 
or other property given by individuals, or appropriated by the State for 
like purpose, and of all estates of deceased persons who have died without 
leaving a will or heir, shall be securely invested and sacredly preserved as 
a State school fund, and the annual interest and income of said fund, 
together with such other means as the General Assembly may provide, 
shall be faithfully appropriated for the purpose of establishing and main¬ 
taining free public schools, and for no other purposes or uses whatever. 

Mr. McKAGEN introduced the following resolution, which was 
read the first time and referred to the Committee on Judicial Depart¬ 
ment : 

A RESOLUTION RELATIVE TO THE INELIGIBILITY OF SENATORS 
AND REPRESENTATIVES FOR ANY OFFICE OF PROFIT. 

Be it resolved and ordained by the people of South Carolina, in convention 
assembled, and by authority of same, That the following shall constitute 
Section —, Article —, of the Constitution of the State: 

No Senator or Representative shall, during the term for which he shall 
have been elected, be appointed or elected to any civil office of profit or trust 
under the State. 

Mr. LOWMAN introduced the following resolution, which was read 
the first time and referred to the Committee on Finance and Taxation : 

A RESOLUTION THAT THE BONDED DEBT OF THE STATE SHALL 
NEVER BE INCREASED EXCEPT TO REPEL INVASION, SUP¬ 
PRESS INSURRECTION, ETC. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of same, That the following 
provision shall constitute Section — of Article (9) IX of the Constitution 
of this State: 

Section —. That the bonded debt of the State shall never be increased 
except to repel invasion, suppress insurrection, or defend the State in time 
of war. 

Mr. KLUGH introduced the following resolution, which was read 
the first time and referred to the Committee on Counties and County 
Government: 

A RESOLUTION RELATING TO PUBLIC ROADS. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by authority of the same, 1 hat the General 
Assembly shall make ample provision for the maintenance of public roads, 



170 


JOURNAL OF PROCEEDINGS, 


and shall levy annually a capitation tax not exceeding one dollar and fifty 
cents on each person liable to road duty, and also a tax on vehicles which 
shall be kept and used exclusively for the construction and repair of the 
public roads in the County wherein such tax is collected: Provided , That 
any person so taxed shall have the right to commute his capitation road tax 
with work on the public roads. 

Mr. MOORE introduced the following resolution, which was read 
the first time and referred to the Committee on Judicial Department: 


AN ORDINANCE RELATING TO THE GRANTING OF FREE PASSES. 


We, the people of South Carolina, in convention assembled, do ordain: 

That no railroad or other transportation company shall grant free passes 
or tickets, or passes or tickets at a discount, to members of the Legislature, 
or any State, District, County or municipal officers, except Railroad Com¬ 
missioners. The Legislature shall enact suitable laws for the detection, 
prevention and punishment of violations of this provision. 


Mr. HARRISON introduced the following resolution, which was 
read the first time and referred to the Committee on Counties and 
County Government: 


A RESOLUTION RELATING TO COUNTY GOVERNMENT. 

Be it resolved by the people of the State of South Carolina, in convention 
assembled, and by the authority of the same, That the following shall form 
Article —, Section —, of the Constitution of the State: 

Section 1. Each County shall form an election district. 

Section 2. In each County in this State there shall be elected a Clerk of 
the Court of Common Pleas and General Sessions, a Register, a Sheriff, a 
Coroner, a Probate Judge, for a term of four years, and an Assessor and 
Treasurer; all of said officers to perform the duties now or hereafter to be 
prescribed by law. 

Section 3. The Clerk of the Court of Common Pleas and General Sessions 
shall by virtue of his office perform the duties of Master. 

Section 4. There shall be elected in each township in each County three 
or five Directors, to take the place of Township Commissioners and have 
the supervision of all public work, roads, bridges and ferries in their 
respective townships, and perform the duties now or hereafter to be pre¬ 
scribed by law. 

Section 5. The Chairmen of said Boards of Directors in each township 
shall compose the Board of County Commissioners, whose duty it shall be 
to elect a Chairman out of their number and Clerk, and said Board shall 
attend to all the duties now performed by the Board of County Commis¬ 
sioners and all such duties as may be prescribed by law; the said Board to 
enter into a bond severally in a reasonable amount, to be prescribed by law, 
and receive as a salary one dollar per day and mileage for each day engaged 
as aforesaid. 

Section 6. Said Township Board, or three of them, shall compose the Board 
of Equalization on Taxes, as may be prescribed by law. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 171 


Section 7. Each township shall he a school district and the Directors shall 
act as trustees for the schools in their respective townships, and the County 
Board shall elect a clerk out of their number to act as clerk in the now 
School Commissioner’s office, and the County Board to proportion the 
school fund as is now or hereafter to be prescribed by law, and the said 
Board shall provide for a chain-gang and take charge of all convicts 
assigned to hard labor in their Counties according to law. 

Section 8. There shall be elected in each township one Trial Justice and 
Constable, Avho shall have jurisdiction in civil cases to the amount of one 
hundred dollars, and have jurisdiction iii criminal cases, misdemeanors, 
assault and battery, concealed weapons and theft, the amount of which 
not to exceed one hundred dollars, try and decide all such cases, and if 
found guilty place the fine or sentence, and if said sentence be in the chain- 
gang turn them over to the County Board to work out said sentence. Such 
Trial Justices and Constables and all other County officers mentioned in 
the above resolutions shall hold their respective offices for the term of four 
years, and shall not be eligible to two successive terms. 


Mr. KLUGH introduced the following resolution, which was read 
the first time and referred to the Committee on Judicial Department: 

A RESOLUTION RELATING TO INSURANCE COMPANIES. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by authority of the same: 

1. That the General Assembly shall, at its first session after the adoption 
of this Constitution, enact such laws as will protect the people against 
imposition by insolvent or bogus insurance companies by requiring a 
deposit of approved securities with the State Treasurer on the part of each 
insurance company before the same is allowed to begin or continue to do 
business in this State, and such deposit shall at all times be kept up to at 
least twenty-five per centum of the premiums of insurance received by 
such company within this State in each year. 

2. The measure of liability of every fire insurance company shall be the 
full amount of any policy which it shall take or carry on any property in 
this State in case of the total loss or destruction of such property, and a 
proportionate amount in case of partial loss, and no such company shall 
be allowed to set up the defense that such property was of less value than 
that fixed and agreed upon at the time such policy was written. 

3. The funds or securities deposited with the State Treasurer shall be 
held by him in trust for the policy holders of the company depositing the 
same, and shall be subject to a lien for taxes, and to no other lien what¬ 
ever except the lien of a judgment recovered on a policy of such company. 


Mr. MOORE introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Department: 



172 


JOURNAL OF PROCEEDINGS, 


AN ORDINANCE RELATING TO CONTRACTS BETWEEN EM¬ 
PLOYERS AND EMPLOYEES. 

We, the people of South Carolina in Convention assembled do ordain: 

That it shall be unlawful for any person, company or corporation to require 
of its servants or employees, as a condition of their employment or other¬ 
wise, any contracts or agreement whereby such persons, company or cor¬ 
poration shall be released or discharged from liability or responsibility on 
account of personal injuries received by such servants or employees while in 
the service of such person, company or corporation by reason of the 
negligence of such person, company or corporation, or the agents or em¬ 
ployees thereof; and such contracts shall be absolutely null and void. 

Mr. E. J. KENNEDY introduced the following resolution, which 
was read the first time and referred to the Committee on Legislative 
Department: 

A RESOLUTION LIMITING THE TENURE OF OFFICE. 

Be it resolved and ordained by the people of South Carolina, in conven¬ 
tion assembled, That the following provision shall constitute Sections — of 
Article — of this State: 

1. That no person shall be eligible to be elected to any office created or 
provided for under this Constitution for more than two terms in succession : 
Provided, This Section shall not apply to the Judges of our Courts; and 
when any person has been elected to and held any office created or pro¬ 
vided for under this Constitution for two successive terms he shall then be 
ineligible to be again re-elected to that office until after the expiration of 
another term of such office shall have elapsed. 

Mr. OTTS introduced the following ordinance, which was read the 
first time and referred to the Committee on Legislative Department: 

AN ORDINANCE IN REGARD TO CONCEALED WEAPONS. 

Be it ordained, etc, That the Legislature shall have the right to license the 
carrying of concealed weapons under such regulations as may be prescribed 
by law. 

Mr. MOORE introduced the following petition, which was read 
the first time and referred to the Committee on Judicial Department : 

PETITION FROM THE “WOMEN’S CHRISTIAN TEMPERANCE 
UNION” RELATING TO THE “AGE OF CONSENT.” 

To the Delegates in Constitutional Convention assembled. 

Gentlemen: The increasing and alarming frequency of assaults upon 
women and the frightful indignities to which even little girls are subject 
have become the shame of our boasted civilization. 

A study of the Statutes of our State has revealed to us their utter failure 
to meet the demands of a newly awakened public sentiment which requires 
better legal protection for girlhood and womanhood. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 173 


Therefore, we, the members of the “Women’s Christian Temperance 
Union” of South Carolina, do most earnestly appeal to you, through Mrs. 
Chapin, our President, to enact such statutes as shall provide for the ade¬ 
quate punishment of crimes against women and girls. 

We would also call attention to the disgraceful fact that protection of 
the person of our women is not placed upon so high a plane as protection 
of their purse. We would, therefore, entreat your honorable body to raise 
the (so called) “age of consent” to eighteen, the legal age which permits 
women to contract a valid marriage or make lawful sale of any of her 
personal property. North and South Carolina are now the only States, as 
far as we can find out, where the low age of “ten” fouls the escutcheon of 
their Statute books, and we earnestly plead that the disgrace to the State 
be wiped out by raising the law of protection to that of legal majority, 
eighteen. S. F. CHAPIN, 

President Women’s Christian Temperance Union. 

Charleston, S. C., September 9th, 1895. 

Mr. OTTS introduced the following ordinance, which was read the 
first time and referred to the Committee on Counties and County 
Government: 

AN ORDINANCE RELATING TO ROAD TAX AND ROAD DUTY. 

Be it ordained by the people, in convention assembled : 

Section —.No minor, or person under the age of twenty-one year’s, shall 
be required to perform road duty, or to pay a commutation tax In lieu 
thereof. 

Mr. KLUGH introduced the following resolution, which was read 
the first time and referred to the Committee on Counties and County 
Government : 

A RESOLUTION RELATING TO THE FORMATION OF NEW 

COUNTIES. 


Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by authority of the same, That the following 
shall form Section — of Article — of the Constitution: 

New Counties may be formed under general laws, but no new County 
shall contain less than five hundred (500) square miles, nor less than two 
million (2,000,000) dollars of taxable property, nor less one sixty-second (1-62) 
part of the inhabitants of the State, as ascertained by the last preceding 
State or United States census; nor shall the formation of a new County 
reduce any existing County below the said limit of area, taxable property 
and population. No new County shall be formed unless it be of compact 
and convenient shape, nor unless the County or Counties from w hich it is 
formed be each left in compact and convenient shape. The County seat of 
a new County shall be established near the centre of the County, and not 
further than five miles therefrom, and no line of any new^ County shall 




174 


JOURNAL OF PROCEEDINGS, 


approach nearer than ten miles to the County seat of any other County, 
except the County seat of Charleston County. No County shall be dismem¬ 
bered for the purpose of forming a new County or Counties, but any 
County hereafter formed may be dismembered by the General Assembly 
and the parts restored to the several Counties from which they were taken. 
The General Assembly may form any city containing not less than thirty 
thousand (30,000) inhabitants into a separate County. 

Whenver a majority of the qualitied voters within the part of each 
County proposed to be embraced in a new County shall petition the Gen¬ 
eral Assembly for the formation of such County, said petition shall be 
referred to a commission of live persons not interested for or against the 
formation of such County, with power to employ a competent engineer, and 
if said commission shall hud that the constitutional requirements for 
the formation of such new County have been complied with it shall 
cause an election to be held within the area proposed for said new County; 
and if three-fourths of the qualified voters in each of the several parts of 
Counties proposed to be embraced in such new County, voting separately, 
shall vote in favor of the formation of the same, the said commission shall 
report the facts and the result of such election to the General Assembly at 
its next ensuing session, and the General Assembly may then form such 
new County. The said commission shall then cause the boundaries of such 
new County to be located, surveyed and marked, and shall locate the 
County seat. All expenses incident to the formation of a new County shall 
be borne by such County. Every new County hereafter formed shall bear 
its just proportion of the indebtedness of the County or Counties from 
which its territory shall have been taken. 


Mr. J. P. GLENN introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 


A RESOLUTION TO APPROPRIATE CERTAIN MONEYS FOR THE 
SUPPORT OF PUBLIC SCHOOLS. 


Be it resolved by the people, in convention assembled, That all moneys, 
stocks, bonds, lands and other property belonging to a County school fund 
all moneys which may be paid by persons as an equivalent for an exemption 
from military duty, also the net proceeds from the sale of estrays, and 
the proceeds of fines for any breach of the penal laws, shall be exclusively 
applied in the several Counties in which the money is paid or fines col¬ 
lected to the support of common schools. 


Mr. NICHOLSON introduced the following resolution, which was 
read the first time and referred to the Committee on Counties and 
County Government: 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 175 


RESOLUTION FOR CREATION OF THE OFFICE OF INSPECTOR OF 
PUBLIC COUNTY ACCOUNTS AND OF ILLUMINATING OILS. 


Be it resolved by this Convention, That the Governor shall have the power 
to appoint an officer, whose title shall be Inspector of Public County 
Accounts and of Illuminating Oils. 

Said appointment to be for the term of four years and subject to con¬ 
firmation by the Senate. 

The duties of said officer will be to examine the offices and accounts of 
the Sheriff, Clerk of the Court, Judge of Probate, Master and all other 
public County officials; and also be Inspector of all State Banks in said 
County. 

Said officer to be under the control and supervision of the Comptroller- 
General. 

The Legislature at its next session shall enact all necessary laws for the 
enforcement of this resolution. 

REPORT OF STANDING COMMITTEES. 

Mr. HEMPHILL, Chairman of the Committee on Printing, sub¬ 
mitted the following report, which was agreed to : 

RESOLUTION RELATING TO PUBLIC PRINTING. 


Columbia, S. C., Sept. 19, 1895. 

To the Constitutional Convention: 

The Committee on Printing, to whom was referred a “Resolution Relat¬ 
ing to Public Printing,” beg leave to report that they have carefully con¬ 
sidered the same, and are of opinion that the regulation of printing is a 
matter for the legislative branch of the Government, and they respectfully 
ask to be discharged from the further consideration of the resolution, and 
that it be referred to the Committee on Legislative Department. 

ROBERT R. HEMPHILL, Chairman. 


Mr. WHARTON, for the Committee on Finance and Taxation, 
reported a resolution for the relief of disabled and aged Confederate 
soldiers and their widows, and requested that it be referred to the 
Committee on Militia. 

Mr. STOKES, Chairman of the Committee on Corporations, re¬ 
ported a resolution making corporations responsible for the payment 
of work when the construction company fails to pay the laborers, and 
requests that it be referred to the Legislative Department; which was 
agreed to. 

Mr. MOORE asked and obtained indefinite leave of absence for Mr. 
Parrott. 




176 


JOURNAL OF PROCEEDINGS, 


Mr. BATES asked and obtained indefinite leave of absence for Mr. 
Hiers, on account of sickness in his family. 

Mr. A. H. WHITE asked and obtained leave of absence for Mr. 
W. B. Wilson until Monday, and for Mr. J. S. Brice until Tuesday. 

Mr. STRIBLING asked and obtained leave of absence for Mr. R. F. 
Smith and for himself until Monday. 

Mr. B. R. TILLMAN asked and obtained leave of absence until 
Monday to attend an important meeting of the Board of Trustees of 
Winthrop College. 

Mr. IRBY asked and obtained leave of absence for Mr. Wharton 
until Monday. 

Mr. SMALLS asked and obtained leave of absence for Mr. Miller for 
two days, to enable him to attend to some important law business at 
home. 

Mr. FLOY r D asked and obtained leave of absence for Mr. Winkler 
until Monday. 

Mr. IRBY asked and obtained leave of absence for himself from 
to-morrow until Monday. 

Mr. DENNIS asked and obtained leave of absence for Mr. Wiggins 
until Tuesday. 

Mr. RAGSDALE asked and obtained leave of abseuce for himself 
and Mr. Meares until Monday. 

Mr. COOPER asked and obtained leave of absence for himself until 
Tuesday. 

Mr. BEHRE asked and obtained leave of absence for Mr. Garris 
until Monday. 

On motion of Mr. STANYARNE WILSON, at 2:35 P. M. the 
Convention adjourned until 12 M. to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 177 


TENTH DAY. 


Friday, September 20, 1895. 


The Convention assembled at 12 o'clock M. 

The Secretary called the roll. 

A quorum being present, the Secretary stated that he had a com¬ 
munication from the President saying that a meeting of the Trustees 
of Winthrop College had called him to Rock Hill, and requested Vice- 
President Talbert to assume the duties of the chair. 

Mr. TALBERT took the chair. 

The deliberations were opened with prayer by the Rev. Mr. Par¬ 
rott. 

The VICE-PRESIDENT proceeded to call by Counties for me¬ 
morials, petitions and such like papers. 

On motion of Mr. GEO. JOHNSTONE, the call by Counties was 
dispensed with. 

Mr. BUIST presented the following resolution, which was con¬ 
sidered immediately and agreed to : 

A RESOLUTION AUTHORIZING AN AUTOGRAPHIC LIST OF DELE¬ 
GATES OF THE CONVENTION. 

Resolved , That the Secretary of this Convention be, and he is hereby, in¬ 
structed to prepare and have signed by the members of the body an auto¬ 
graphic list of the delegates, arranged according to Counties, and giving 
the postoffice address and occupation of each member, the same to be filed 
in the office of the Secretary of State upon the final adjournment of the 
Convention. 

Mr. HEMPHILL presented the account of Charles A. Calvo, Jr., for 
printing done for the Convention up to date, which was referred to 
the Committee on Contingent Accounts and Expenses. 

RESOLUTIONS. 

Mr. ANDERSON introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 

12—500 





178 


JOURNAL OF PROCEEDINGS, 


A RESOLUTION TO ESTABLISH AN INDUSTRIAL SCHOOL OR 
COLLEGE FOR THE HIGHER EDUCATION OF THE COLORED 
YOUTHS OF THE STATE. 

Whereas the diffusion of knowledge as well as virtue among the people 
tends to make them industrious and law-abiding citizens: 

Be it resolved by the people, in convention assembled, that the Legisla¬ 
ture shall, as soon as practicable, establish an Industrial School or College 
for the higher education of the colored boys and girls of this State, which 
shall not be under the control of any denominational or sectarian society 
or organization, and the Legislature shall make suitable provision for the 
support and maintenance of the same. 

Mr. MOWER introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Department: 

AN ORDINANCE RELATING TO THE JUDICIAL DEPARTMENT. 

Be it ordained by the people of the State of South Carolina, in conven¬ 
tion assembled, and by the authority .of the same, That the following shall 
constitute Article-of the Constitution relating to the Judicial Depart¬ 

ment : 

ARTICLE -. 

Judicial Department. 

Section 1. The judicial power of the State shall be vested in one Supreme 
Court, consisting of a Chief Justice and not less than two nor more than 
four Associate Justices, to be elected by the General Assembly for the term 
of ten years, and in such Circuit and inferior Courts as the General Assembly 
may from time to time establish. 

Section 2. The judicial power shall extend to all cases arising under this 
Constitution and the laws of the State. 

Section 3. The Supreme Court shall have appellate jurisdiction in all 
cases under such regulations as the General Assembly may by law prescribe, 
but no fact tried by a jury, in cases triable by a jury, shall be otherwise 
re-examined in any Court than according to the rules of the common law: 
Provided, That the said Court shall always have power to issue writs of in¬ 
junction, mandamus, quo warranto, habeas corpus, and such other original 
and remedial writs as may be necessary to give it a general supervising 
control over all other Courts in the State. 

Section 4. The Supreme Court shall be held at least once in each year at 
the seat of the government and at such other place or places in the State as 
the General Assembly may direct. 

Section 5. No Judge shall preside on the trial of any cause in the event of 
which he may be interested, or where either of the parties shall be con¬ 
nected with him by affinity or consanguinity within such degree as may be 
prescribed by law, or in which he may have been counsel or have presided 
in any inferior Court, except by consent of all the parties. In case all or 
any of the Judges of the Supreme Court shall be thus disqualified from 
presiding in any cause or causes, the Court or the Judges thereof shall 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 179 


certify the same to the Governor of the State, ancl he shall immediately 
commission, specially, the requisite number of men learned in the law for 
the trial and determination thereof. The same course shall be pursued in 
the Circuit and inferior Courts as is prescribed in this Section for cases of 
the Supreme Court. 

Section 6. There shall be appointed by the Judges of the Supreme Court 
a Reporter and Clerk of said Court, who shall hold their offices for two years, 
and whose duties and compensation shall be prescribed by law. 

Section 7. When a judgment or decree is reversed or affirmed by the 
Supreme Court, every point made and distinctly stated in writing in the 
cause and fairly arising upon the record of the case shall be considered and 
decided, and the reasons therefor shall be concisely and briefly stated in 
writing and preserved with the record of the case. 

Section 8. The Judges of the Supreme Court and Circuit Courts shall at 
stated times receive a compensation for their services, to be fixed by law, 
wdiich shall not be diminished during their term of office. They shall not 
be allowed any fees or perquisites of office, nor shall they hold any other 
office of trust or profit under this State, the United States, or any other 
power. 

Section 9. No person shall be eligible for the office of Judge of the Su¬ 
preme Court or Circuit Courts who is not at the time of his election a citizen 
of the United States and has not attained the age of thirty years and been 
a resident of this State for five years next preceding his election or from 
the adoption of this Constitution. 

Section 10. All vacancies in the Supreme Court, Circuit or other inferior 
Courts shall be filled by election as herein prescribed: Provided, That if 
the unexpired term does not exceed one year such vacancy may be filled by 
Executive appointment. All Judges, by virtue of their office, shall be con¬ 
servators of the peace throughout the State. 

Section 11. In all cases decided by the Supreme Court a concurrence of a 
majority of the Judges shall be necessary to a decision. 

Section 12. The State shall be divided into convenient Circuits, and for 
each Circuit a Judge shall be elected for the term of ten years, in such man¬ 
ner as the General Assembly may from time to time by law direct, and dur¬ 
ing his term of office he shall reside in the Circuit of which he is Judge. 

Section 13. Judges of the Circuit Court shall interchange Circuits with 
each other, in such manner as may be determined by law. 

Section 14. The Court of Common Pleas shall have exclusive jurisdiction 
in all cases of divorce and exclusive original jurisdiction in all civil cases 
and actions ex delicto which shall not be made cognizable before an infe¬ 
rior court, and appellate jurisdiction in all such cases as may be provided 
by law. They shall have power to issue writs of mandamus, prohibition, 
scire facias, and all other writs which may be necessary for carrying their 
power fully into effect. 

Section 15. The Court of Common Pleas shall sit in each judicial district 
in this State at least twice in every year, at such stated times and places as 
may be appointed by law. 

Section 16. The Court of General Sessions shall have exclusive jurisdic¬ 
tion over all criminal cases which shall not be otherwise provided for by 
law. It shall sit in each County in this State at least three times in each 
year, at such stated times and places as may be appointed by law. 





180 


JOURNAL OF PROCEEDINGS, 


Section 17. The Judges shall not charge juries in respect to matters of 
fact, hut may state the testimony and declare the law. 

Section 18. There shall he elected in each County hy the qualified electors 
thereof one Clerk for the Court of Common Pleas, who shall hold his office 
for the term of four years and until his successor shall he elected and qual¬ 
ified. He shall hy virtue of his office he Clerk of all other courts of record 
held therein, hut the General Assembly may provide hy law for the election 
of a clerk with a like term of office for each or any other courts of record, 
and may otherwise provide for the performance of the duties of such clerk. 
Clerks of Court shall he removable for such cause and in such manner as 
shall he prescribed hy law. 

Section 19. There shall he an Attorney General for the State, who shall 
perform such duties as may he prescribed hy law. He shall he elected hy 
the qualified electors of the State for the term of four years, and shall re¬ 
ceive for his services such compensation as may he fixed hy law. 

Section 20. There shall he one Solicitor for each Circuit, who shall reside 
therein, to he elected hy the qualified electors of the Circuit, who shall 
hold his office for the term of four years, and shall receive for his service 
such compensation as may he fixed hy law. In all cases where an attorney 
for the State, of any Circuit, fails to attend and prosecute according to 
law, the Court shall have power to appoint an attorney pro tempore. 

Section 21. The qualified electors of each County shall elect a Sheriff and 
a Coroner, for the term of four years, and until their successors are elected 
and qualified; they shall reside in their respective Counties during their 
term of office, and he disqualified for the office for a second term if it 
should appear that they or either of them are in default for moneys col¬ 
lected hy virtue of their respective offices. 

Section 22. All writs and processes, and all prosecutions, shall he con¬ 
ducted in the name of the State of South Carolina; all writs shall he attested 
hy the Clerk of the Court from which they shall he issued; and all indict¬ 
ments shall conclude “against the peace and dignity of the State.” 

Section 23. The General Assembly shall provide hy law for the speedy 
publication of the decisions of the Supreme Court made under this Consti¬ 
tution. 

Mr, BUIST introduced the following resolution, which was read 
the first time and referred to the Committee on Judicial Department : 

A RESOLUTION TO AMEND ARTICLE 5 OF THE CONSTITUTION' 
IN RELATION TO MURDER AND MANSLAUGHTER. 

Eesolved, That Article 5 of the Constitution he amended hy adding 
thereto the following provision: 

In all cases of murder or manslaughter where the character of the 
deceased is called in question the character of the prisoner at the bar shall 
he in evidence. 

Mr. J. S. BRICE introduced the following resolution, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 181 


RELATING TO FINANCE AND TAXATION. 

Amend Section 8 of Article 9 after the words “the body imposing the 
same” and before the words “and the General Assembly” by inserting the 
following, to wit: 

But no township, school district, city, town, village, territorial division 
or political division shall ever subscribe to the capital stock of any railroad 
company or other enterprise, or issue bonds in aid of the same, and the 
General Assembly is prohibited from imposing any such debt upon any 
township, territorial division, school district, city, town or political division 
of this State. 

Mr. MOORE introduced the following ordinance, which was read 
the first time and referred to the Committee on Corporations : 

AN ORDINANCE TO REGULATE THE EXTENSION OF CORPORATE 
LIMITS OF CITIES, TOWNS AND VILLAGES. 

We, the people of the State of South Carolina, in convention assembled, 
do ordain: 

That it shall not be lawful to extend the corporate limits of any city, 
town or village until a majority of the freeholders, whether resident or 
not, owning land within the section to be annexed shall have petitioned 
the Legislature for such annexation. 

Mr. FARROW introduced the following ordinance, which was read 
the first time and referred to the Committee on Corporations : 

AN ORDINANCE TO PROVIDE FOR THE LOCATION OF INCOR¬ 
PORATED CITIES, TOWN AND VILLAGES IN THIS STATE 
SO THAT ALL PORTIONS OF EACH RESPECTIVELY SHALL 
BE IN THE SAME COUNTY. 

Be it ordained, etc., That hereafter no County lines shall be so established 
as to pass through any incorporated city, town or village of this State, and 
so place such municipality partly in one County and partly in another or 
others. 

That in all cases where, according to County lines as now established, any 
city, town or village in this State shall be situated partly in one County 
and partly in another or others, the electors residing in any such munici¬ 
pality, qualified to vote at a general election for State officers, shall at an 
election held for that purpose determine in which of such Counties the said 
municipality shall be wholly located, and upon such election being had and 
duly certified the respective County lines shall thereupon be deemed as 
established so as to place said municipality in the County so selected. 

That such election shall be ordered by the Mayor or Intendant, or acting 
Mayor or Intendant, of any such municipality, and shall take place after 
public notice thereof, given at least thirty days previously, and be con¬ 
ducted by managers to be appointed by him, and by ballot, according to a 
form to be designated by him; and the said managers shall, within three 
days after such election, report the result to the Town Council of the muni- 



182 


JOURNAL OF PROCEEDINGS, 


cipality concerned, who shall have the right to hear and determine all 
appeals, and if it shall deem it necessary to order a new election, and the 
final result shall he by the Town Council certified to the Secretary of State, 
to be kept on file by him and recorded. That the General Assembly shall 
provide by law for the removal of the records pertaining to the portion of 
the municipality which may thus be placed in another County from that in 
which such part was before situated to the proper offices at the County 
seat in which said municipality shall be thus wholly located. 

This ordinance shall and may be acted upon by the officers and munici¬ 
palities concerned without the necessity of awaiting further legislation, 
but the General Assembly may, from time to time, pass laws for more fully 
carrying into effect the intent and purposes of the same. 


Mr. MOORE introduced the following ordinance, which was read 
the first time and referred to the Committee on Miscellaneous Matters : 

AN ORDINANCE RELATING TO EXEMPTION OF PERSONALTY. 

We, the people of the State of South Carolina, in convention assembled, 
do ordain, That the personal property of any resident of this State who is 
not married or the head of a family, in specific articles to be selected by 
such resident, not exceeding in value the sum of two hundred dollars, in 
addition to his or her wearing apparel, shall be exempt from seizure on 
attachment, or sale on execution, or other process from any Court issued 
for the collection of any debt by contract: Provided, That no property 
shall be exempt from execution for debts contracted for the purchase 
money therefor while in the hands of the vendee. 


Mr. MOORE introduced the following ordinance, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

AN ORDINANCE TO COMPEL THE PUBLICATION OF CITY, TOWN 
AND VILLAGE AFFAIRS BY THE TREASURER OR AUTHOR¬ 
IZED OFFICER. 

We, the people of the State of South Carolina, in convention assembled, 
do ordain, That all incorporated cities, towns and villages shall, through or 
by the Treasurer or other officer of said cities, towns and villages who by 
law shall be authorized to receive and pay out the moneys received and 
collected, publish biennially in County paper an itemized statement of 
all moneys that have been received or collected and from what source, 
and all moneys paid out, to whom paid and what for, and the Legislature 
shall provide for the proper enforcement of the law. 

Mr. CLAYTON introduced the following resolution, which was • 
read the first time and referred to the Committee on Suffrage : 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 183 


THE RIGHT OF SUFFRAGE NOT TO BE DENIED ON ACCOUNT OF 

SEX. 


Article-, Section-. 

The right of suffrage shall never he denied to any person in this State 
on account of sex: Provided, however, That in addition to the qualifica¬ 
tions required of male electors by this Constitution, female electors must 
be possessed in their own right of property of the value of ($300) three 
hundred dollars, and be able to read and write. 

Mr. OLIVER introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Department: 

AN ORDINANCE RELATING TO MECHANICS’ LIENS, &c. 

Mechanics, artisans and materialmen of every class shall have a lien 
upon the buildings, ships, vessels and all other property made or repaired 
by them, or for which they have furnished material, for the value of such 
labor done or material furnished ; and the General Assembly shall provide 
by law for the speedy and efficient enforcement of such liens. 

Mr. J. S. BRICE introduced the following resolution, which was 
read the first time and referred to the Committee on Counties and 
County Government: 

RESOLUTION RELATING TO THE FORMATION OF NEW COUNTIES. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the fol¬ 
lowing provision shall constitute Section — of Article — of the Constitu¬ 
tion of this State; 

Amend the proposed ordinance relating to the formation of new Counties 
by providing that no new Counties shall be formed containing less than 
$3,000,000 taxable property, nor less than four hundred and fifty square 
miles, nor less than l-60th of the population of the State, nor shall any 
line of the proposed County run nearer than nine miles to an existing 
County seat, nor unless three-fourths of the qualified voters in the pro¬ 
posed new County shall, at an election called for the purpose, vote in favor 
of the same: And provided, further, That in the event the above condi¬ 
tions and qualifications are complied with, the new County shall not be 
constituted until the General Assembly shall by Act constitute the same 
formation of the new County; and as to the location of lines and the 
boundaries of the proposed new County, the General Assembly may reject 
or alter, change or amend the same, or in lieu of rejection, or alteration or 
amendment by the Legislature, provided that the same may be formed on 
a majority vote of the County or Counties affected by the formation of the 
proposed new County. 



184 


JOURNAL OF PROCEEDINGS, 


Mr. HAMEL introduced the following ordinance, which was read 
the first time and referred to the Committee on Counties and County 
Government : 

AN ORDINANCE PROVIDING THAT THE LEGISLATURE SHALL 
ESTABLISH NEW COUNTIES WHEN CERTAIN PROVISIONS 
ARE COMPLIED WITH. 

Be it ordained by the people of South Carolina, in convention assembled, 
and by the authority of the same, That in the formation of new Counties, 
after the adoption and ratification of this Constitution, the following pro¬ 
visions shall govern: 

First. That new Counties may be established by the division of an exist¬ 
ing County or by union of parts of existing Counties; but no new County 
so established shall contain an area of less than four hundred square miles, 
nor shall any existing County be reduced below such area, nor shall the 
lines of any new County run nearer than ten miles to any existing Court 
House. 

Second. There shall be embraced within the limits of the proposed new 
County a population of not less than twelve thousand persons, and taxable 
property of the value of not less than one million dollars. 

Third. That when one hundred taxpayers residing within the limits of 
the proposed new County, who pay taxes upon personal or real property to 
the value of one hundred dollars, shall apply to the Governor of the State 
for the formation of said County, it shall be his duty to order an election 
by the people within the limits of the proposed new County, giving notice 
of said election in at least one newspaper in each County out of which the 
proposed new County is to be formed for the space of sixty days preceding 
said election; and if, when the election is held, a majority of the qualified 
voters residing within the proposed new County shall have cast their bal¬ 
lots in favor of establishing the same, it shall be the duty of the Legisla¬ 
ture, at its first session following said election, upon the production of 
proof that the foregoing conditions have been complied with, to grant per¬ 
mission for the said County to be established, and it shall provide means 
for the laying out of said County and order an election for naming it and 
choosing a site for the Court House by a majority of the people residing 
within the proposed limits. 

Mr. ESTRIDGE introduced the following resolution, which was 
read the first time and referred to the Committee on Jurisprudence : 

RESOLUTION REQUIRING THAT ALL THE EXPENSES OF THE 
COURT OF GENERAL SESSIONS FOR EACH COUNTY BE PAID 
BY THE STATE. 

Be it resolved by the people of the State of South Carolina, in convention 
assembled, and by the authority of the same, That from and after the 
adoption and ratification of this Constitution all the expenses of the Court 
of General Sessions for each County shall be paid out of the funds in the 
State Treasury. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 185 


Mr. HAMEL introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 


RESOLUTION RELATING TO THE HOMESTEAD. 

Be it resolved by the people of South Carolina, in convention assembled, 
and by the authority of the same, That the following shall constitute part 
of Section-of the Constitution of this State : 

That there shall be set apart for the uses and benefits of every head of a 
family, or guardian or trustee of a family of minor children, or for every 
aged and infirm person, or any maimed person Who is not the head of a 
family, real or personal property, either or both, as he may elect, to an 
amount not exceeding fifteen hundred dollars ($1,500), which said property 
shall be exempt from levy and sale by any process except for taxes, pur¬ 
chase money or improvements on said property: Provided, That the debtor 
may have the right to mortgage, sell or otherwise dispose of said property 
as he may see fit. 

Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Miscellaneous 
Matters : 

ORDINANCE TO FORBID DISCRIMINATION ON ACCOUNT OF 

RELIGION. 

Whereas it is tyranny to put restraint upon the conscience, and it is bad 
policy to set a premium on hypocrisy; 

Be it ordained by the people of South Carolina, through their delegates in 
convention assembled, No person shall be debarred from being a witness 
or a juryman, or from voting, or holding office, or from any other right or 
privilege enjoyed by any other citizen of this State, on account of his opin¬ 
ions respecting religion. 

Mr. D. S. HENDERSON introduced on September 11th the follow¬ 
ing resolution, which was read the first time September 11th and 
referred to the Committee on Municipal Corporations and Police Regu¬ 
lations : 

RESOLUTION AS TO THE EXERCISE OF SUFFRAGE IN THE CITIES, 
TOWNS AND VILLAGES OF THE STATE. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the follow¬ 
ing provision shall constitute Section — of Article — of the Constitution of 
the State: 

Section 1. In all elections held by the people in incorporated cities, towns 
and villages of the State for officers thereof, electors shall vote by ballot; 
and every male inhabitant of such cities, towns and villages twenty-one 
years of age and upwards, except idiots, insane persons and paupers, who 
shall have been a resident of the State for twelve months and of the city, 






186 


JOURNAL OF PROCEEDINGS, 


town or village in which he otters to vote for six months, and of the voting 
precinct or ward for one month, and who has never been convicted of trea¬ 
son, murder, robbery, dueling, bribery, burglary, arson, obtaining money 
or goods under false pretense, perjury, larceny, embezzlement, forgery or 
bigamy, and who shall be able to read any Article of this Constitution or 
any Section of the Statutes of this State, and who can write his own name, 
or who in his own right shall be possessed of taxable property in such city, 
town or village of the value of one thousand dollars as appears on the tax 
books, and who has paid all of his taxes to said city, town or village, shall 
be deemed qualified as a voter, and on registering as provided by law shall 
be entitled to vote at all elections by the people for the officers in such city, 
town or village. 

Section 2. That in all elections in incorporated cities, towns and villages 
of this State for the purpose of bonding the same, or for raising revenue, 
the voters of said cities, towns or villages, who are qualified according to 
the preceding Section, and are real estate owners in such cities, towns and 
villages, or authorized agents of real estate owners thereof, shall be deemed 
qualified to vote in such elections. 

Section 3. The General Assembly shall provide by law for the registra¬ 
tion of all electors or persons qualified to vote in the elections to be held in 
incorporated cities, towns and villages, and suitable remedies by appeal or 
otherwise shall be provided for the correction of improper registration, and 
for securing registration to any to whom it may be improperly denied, and 
no person shall be allowed to vote who shall not have registered according 
to law. Registration by the proper officer is hereby declared a condition pre¬ 
requisite to the exercise of the suffrage in such elections. 

Mr. OTTS introduced on September 12th the following resolution, 
which was read the first time September 12th and referred to the 
Committee on Municipal Corporations and Police Regulations : 

A RESOLUTION TO PREVENT THE AIDING OF ANY RAILROAD 
OR OTHER CORPORATION BY COUNTIES, CITIES, TOWNS 
AND OTHER MUNICIPAL CORPORATIONS SUBSCRIBING TO 
THE CAPITAL STOCK THEREOF. 

Be it ordained, in convention assembled: Section -. No County, city, 

town, or other municipal corporation shall hereafter become a subscriber 
to the capital stock of any railroad or other corporation, or make appropri¬ 
ation or loan its credit in aid of such railroad or corporation. All authority 
heretofore conferred for any of the purposes aforesaid by the Legislature, 
or by the charter of any corporation, is hereby repealed. Nothing in this 
Section contained shall affect the right of any corporation, municipality or 
County to make such subscription where the same has been authorized 
under laws existing at the time of the adoption of this Constitution, and 
by a vote of the people thereof had prior to its adoption, and where the 
terms of submission and subscription have been or shall be complied with, 
or to prevent the issue of renewal bonds or the use of such other means as 
are or may be prescribed by law for the payment or liquidation of such 
subscription or of any existing indebtedness. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 187 


REPORTS OF STANDING COMMITTEES. 

Mr. STANYARNE WILSON, from the Committee on Judicial 
Department, submitted an unfavorable report on the “ resolution pro¬ 
posing an Article in the Constitution to re-establish the whipping 
post, ” which was considered immediately. The unfavorable report 
of the Committee was adopted and the resolution was rejected. 

Also, an unfavorable report on a “resolution relating to bribery,” 
which w.as considered immediately. The unfavorable report of the 
Committee was adopted and the resolution rejected. 

Also, an unfavorable report on a “ resolution to prohibit public trial 
of certain cases . 99 The unfavorable report of the Committee was con¬ 
sidered immediately and the resolution rejected. 

Also, an unfavorable report on an ordinance “providing for keep¬ 
ing records of marriages . 99 The unfavorable report of the Com¬ 
mittee was considered immediately and the ordinance rejected. 

Mr. ST ANY ARNE WILSON, for the Committee on Judicial 
Department, submitted the following report: 

REPORT OF THE COMMITTEE ON JUDICIAL DEPARTMENT ON 

RESOLUTION RELATING TO MARRIED WOMAN’S PROPERTY. 

The Committee on Judicial Department, to whom was referred a resolu¬ 
tion relating to married woman’s property, now Section 8, Article 14, of the 
present Constitution, respectfully report that they have carefully considered 
the same, and recommend that this Committee be discharged from the 
further consideration thereof, and that it be referred to the Committee on 
Miscellaneous Matters. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 

Which was considered immediately and agreed to. 

Mr. STANYARNE WILSON, for the Committee on Judicial 
Department, submitted the following report: 

REPORT OF THE COMMITTEE ON JUDICIAL DEPARTMENT ON 
RESOLUTION'TO DEFINE THE RIGHTS OF MARRIED WOMEN 
AS TO PROPERTY. 

The Committee on Judicial Department, to whom was referred a resolu¬ 
tion to define the rights of married women as to property, respectfully 
report that they have carefully considered the same, and recommend that 
they be discharged from the further consideration of the same, and that it 
be referred to the Committee on Miscellaneous Matters. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 

Which was considered immediately and agreed to. 



188 


JOURNAL OF PROCEEDINGS, 


Mr. STANYARNE WILSON, for the Committee on Judicial 
Department, submitted the following report: 

REPORT OF THE COMMITTEE ON JUDICIAL DEPARTMENT ON 
RESOLUTION AS TO THE OATH OF OFFICE. 

The Committee on Judicial Department, to whom was referred a resolu¬ 
tion as to the oaths to he taken by all the officers to be elected or appointed, 
respectfully report that they have carefully considered the same, and 
recommend that they be discharged from the further consideration thereof, 
and that the same be referred to the Committee on Legislative Department. 
All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 


Which was considered immediately and agreed to. 

Mr. STxANYARNE WILSON, for the Committee on Judicial 
Department, submitted the following report: 

REPORT OF THE COMMITTEE ON JUDICIAL DEPARTMENT ON 
RESOLUTION TO REGULATE ELECTIONS AND FIX THE TERM 
OF OFFICE. 

The Committee on Judicial Department, to whom was referred a resolu¬ 
tion to regulate elections and fix the terms of officers, respectfully report 
that they have carefully considered the same, and recommend that they be 
discharged from the further consideration thereof, and that the same be 
referred to the Committee on Legislative Department. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 


Which was considered immediately and agreed to. 

Mr D. S. HENDERSON, for Committee on Municipal Corpora¬ 
tions and Police Regulations, submitted the following report, which 
was read the first time and ordered for consideration to-morrow : 

REPORT OF COMMITTEE ON MUNICIPAL CORPORATIONS AND 
POLICE REGULATIONS. 

To the Honorable the Constitutional Convention of the State of South Carolina: 

The Committee on Municipal Corporations and .Police Regulations ask 
leave to report that they have carefully considered the various resolutions 
referred to them and the general subject of municipal corporations and 
police regulations, and herewith present as the result of their deliberations 
a proposed Article for the Constitution. 

The Committee herewith returns the following papers submitted to 
them: 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 189 


1. Resolution of Mr. D. S. Henderson as to suffrage in cities and towns. 
It has never been printed, and should be printed along with the Article. 

2. Resolution of Mr. J. C. Otts as to preventing aid to railroads. It 
should also be printed. 

3. Resolution of Mr. Aldrich as to female suffrage. Page 4 of the Journal 
of the 14th September. 

4. Resolution of Mr. Lybrand as to the liquor traffic. Page 11 of the 
Journal of the 17th September. 

5. Resolution of Mr. McCown as to the liquor traffic. Page 9 of the Jour¬ 
nal of the 13th September. 

6. Resolution of Mr. Efird as to the same. Page 7 of the Journal of the 
13th September. 

Respectfully submitted. U. S. HENDERSON, Chairman. 

Municipal Corporations and Police Regulations. 

ARTICLE - 

Section 1. The Legislature shall provide by general laws for the organiza¬ 
tion and classification of municipal corporations. The powers of each 
class shall be defined by general laws, so that no such corporation shall 
have any powers or be subject to any restrictions other than all corpora¬ 
tions of the same class. Cities and towns now existing under special 
charters may abandon the same and reorganize under the general laws of 
the State. 

Section 2. No city or town shall be organized without the consent of the 
majority of the electors residing and entitled by law to vote within the 
district proposed to be incorporated; such consent to be ascertained in the 
manner and under such regulations as may be prescribed by law. 

Section 3. The Legislature shall restrict the powers of cities and towns 
to levy taxes and assessments, to borrow money, and to contract debts; 
and no tax or assessment shall be levied or debt contracted except in pur¬ 
suance of law for public purposes specified by law. 

Section 4. No law shall be passed by the General Assembly granting the 
right to construct and operate a street or other railway, telegraph, tele¬ 
phone or electric plant, or to erect water or gas works for public uses, and 
to lay mains for any purpose, without first obtaining the consent of the 
local authorities in control of the streets or public places proposed to be 
occupied for any such or like purpose. 

Section 5. The General Assembly may vest the authorities of cities and 
towns with power to make local improvements by special assessment or by 
special taxation of property benefited. 

Section 6. Cities and towns may acquire by construction or purchase, 
and may operate,water works systems and plants for furnishing lights, and 
may furnish water and lights to individuals, firms and private corporations 
for reasonable compensation. 

Section 7. Whenever any municipal Court is authorized and empowered to 
punish violators of city or town ordinances by a term of imprisonment, it 
shall be competent for the presiding officer of said Court to couple with said 
imprisonment hard labor upon the streets or public works of said city or 
town, to be performed under such supervision and regulation as may be 
prescribed by ordinance. 




190 


JOURNAL OF PROCEEDINGS, 


Section 8. The corporate authorities of cities and towns in this State shall 
be vested with power to assess and collect taxes for corporate purposes, said 
taxes to be uniform in respect to persons and property within the jurisdic¬ 
tion of the body composing the same, and all the property, except such as 
is exempt by law, within the limits of cities and towns shall be taxed for the 
payment of debts contracted under authority of law. License or privileged 
taxes imposed shall be graduated so as to secure a just distribution of such 
tax in and among the classes thereto. 

Section 9. No city or town in this State shall hereafter incur any bonded 
debt which, including existing bonded indebtedness, shall exceed ten per 
centum of the assessed value of the taxable property therein, and no such 
debt shall be created without submitting the question as to the creation 
thereof to the qualified voters of such city or town, as provided in this Con¬ 
stitution for such special elections; and unless a majority of such electors 
voting on the question shall be in favor of creating such further bonded 
debt none shall be created: Provided, That this Section shall not be con¬ 
strued to prevent the issuing of certificates of indebtedness or revenue bonds 
issued in anticipation of the collection of taxes for amounts actually con¬ 
tained or to be contained in the taxes for the year when such certificates are 
issued and payable out of such taxes: And provided, further, That such 
cities and towns shall, on the issuing of such bonds, create a sinking fund 
for the redemption thereof at maturity. 

Section 10. That cities and towns may be exempt from taxation, except 
for school purposes, for five successive years manufactories established 
within their limits, after the adoption of this Constitution, whose paid up 
capital is not less than $10,000. 

Section 11. The constituted authorities of all incorporated cities and 
towns in this State shall have the power to adopt such ordinances and 
regulations as may be necessary for the protection of the lives, liberty, 
health and property of their citizens, and for the preservation of good order 
and the public morals therein: Provided, Such ordinances and regulations 
be duly promulgated and be not inconsistent with the provisions of this 
Constitution and the Acts of the General Assembly. 

Section 12. No armed police force, or armed representatives of a de¬ 
tective agency, or armed body or unarmed body of men, shall ever be brought 
into this State for the suppression of domestic violence except upon the 
consent of the Executive of this State, and the General Assembly shall pro¬ 
vide proper penalties for the enforcement of the same. 

Section 18. The General Assembly shall have the power to create boards 
of health wherever they may be necessary, giving to them power and au¬ 
thority to make such regulations as shall protect the health of the com¬ 
munity and abate nuisances. 

Section 14. In the exercise of the police power the General Assembly 
shall have the right to prohibit the manufacture and sale and retail of in¬ 
toxicating liquors or beverages within the State; the General Assembly 
may license persons or corporations to manufacture and sell and retail in¬ 
toxicating liquors or beverages within the State under such rules and 
restrictions as it deems proper, or the General Assembly may prohibit the 
manufacture and sale and retail of intoxicating liquors and beverages within 
the State, and may authorize and empower State and County officers, both 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 191 


or either, under the authority and in the name of the State, to buy in any 
market and retail within the State liquors and beverages in such packages 
and quantities under such rules and regulations as it deems expedient. 

Section 15. All prize lighting is prohibited in this State; and the Legisla¬ 
ture shall provide by proper laws for the prevention and punishment of the 
same. 

Section 16. In all elections held by the people in incorporated cities and 
towns of this State for officers thereof, electors shall vote by ballot; and 
every male inhabitant of such cities and towns twenty-one years of age and 
upwards, except idiots, insane persons and paupers, who shall have been a 
resident of the State for twelve months, and of the city or town in which 
he offers to vote for six months, and of the voting precinct or ward for one 
month, and who has never been convicted of treason, robbery, dueling, 
bribery, burglary, arson, obtaining money or goods under false pretenses, 
larceny, embezzlement, forgery or bigamy, and who shall be able to read 
any Article of this Constitution or any Section of the Statutes of this State, 
or who can explain the same satisfactorily when read to him by the regis¬ 
tration officer or officers, or who can write his own name, or who in his own 
right shall be possessed of taxable property in such city or town of the 
value of $300, as appears on the tax books, and who has paid all of his taxes 
to said city or town, shall be deemed qualified as a voter, and on registering 
as provided by law shall be entitled to vote at all elections by the people 
for the officers in such city or town. 

Section 16. The General Assembly shall provide by law for the registra¬ 
tion of all electors or persons qualified to vote in the elections to be held in 
the incorporated cities and towns. Registration by the proper officer or 
officers is hereby declared to be a condition prerequisite to the exercise of 
the suffrage in such election. 

Section 17. At any special election in the incorporated cities and towns of 
this State for the purpose of bonding the same or for raising revenue, all 
resident owners of property in said cities and towns, regardless of sex, of 
the assessed value of $300 and who are over twenty-one years of age, shall 
alone be entitled to vote. The production of a tax receipt, signed by the 
proper officer, shall be conclusive evidence as to said property qualification. 

Mr. SLIGH, for the Committee on Legislative Department, sub¬ 
mitted the following report, which was read the first time and ordered 
for consideration to-morrow : 


REPORT OF LEGISLATIVE COMMITTEE. 


To the President and Members of this Convention: 

The Committee on Legislative Department respectfully report the accom¬ 
panying document, consisting of 37 Sections, and recommend its adoption 
as Article two (2) of the Constitution. 

All of which is respectfully submitted. 


J. A. SLIGH, Chairman. 




192 


JOURNAL OF PROCEEDINGS, 


ARTICLE 2. 

Legislative Department. 

Section 1. The Legislative power of this State shall he vested in two 
distinct branches, the one to be styled the “ Senate, ” and the other the 
“ House of Representatives, ” and both together the “ General Assembly of 
the State of South Carolina.” 

Section 2. The House of Representatives shall be composed of members 
chosen by ballot every fourth year by citizens of this State, qualified as in 
this Constitution is provided. 

Section 3. The House of Representatives shall consist of one hundred and 
twenty-four members, to be apportioned among the several Counties 
according to the number of inhabitants contained in each. Each County 
shall consist of one election district. An enumeration of the inhabitants 
for this purpose shall be made in 1901, and shall be made in the course of 
every tenth year thereafter, in such manner as shall be by law directed : 
Provided, That the General Assembly may at any time in its discretion 
adopt the immediately preceding United States census as a true and correct 
enumeration of the inhabitants of the several Counties, and make the 
apportionment or assignment of Representatives among the several Coun¬ 
ties according to said enumeration: Provided, That until the apportionment 
which shall be made upon the next enumeration shall take effect, the repre¬ 
sentation of the several Counties as they now exist (including the County 
of Saluda established by ordinance) shall be as follows: 

Abbeville, 5; Aiken, 3; Anderson, 5; Barnwell, 5; Beaufort, 7; Berkeley, 
6; Charleston, 7; Chester, 3; Chesterfield, 2; Clarendon, 2; Colleton, 4; 
Darlington, 3; Edgefield, 3; Fairfield, 3; Florence, 3; Georgetown, 2; 
Greenville, 5; Hampton, 2; Horry, 2; Kershaw, 2; Lancaster, 2; Laurens, 
3; Lexington, 2; Marion, 3; Marlboro, 3; Newberry, 3; Oconee, 2; Orange¬ 
burg, 5; Pickens, 2; Richland, 4; Saluda, 2; Spartanburg, 6 ; Sumter, 5; 
Union, 3; Williamsburg, 3; York, 4: Provided, That in the event other 
Counties are hereafter established, then the General Assembly shall re¬ 
apportion the Representatives between the Counties. 

Section 4. In assigning Representatives to the several Counties, the Gen¬ 
eral Assembly shall allow one Representative to every one hundred and 
twenty-fourth part of the whole number of inhabitants in the State: 
Provided, That if in the apportionment of Representatives any County 
shall appear not to be entitled, from its population, to a Representative, 
such County shall, nevertheless, send one Representative; and if there be 
still a deficiency of the number of Representatives required by Section 3 
of this Article, such deficiency shall be supplied by assigning Represent¬ 
atives to those Counties having the largest surplus fractions. 

Section 5. No apportionment of Representatives shall be construed to take 
effect in any manner until the general election which shall succeed such 
apportionment. 

Section 6. The Senate shall be composed of one member from each County, 
to be elected for the term of four years by the qualified voters of the State 
in the same manner in which members of the House of Representatives are 
chosen. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 193 


Section 7. No person shall he eligible to a seat in the Senate or House of 
Representatives who at the time of his election is not a citizen of the United 
States, nor any one who has not been for one year next preceding his elec¬ 
tion a resident of this State, and for three months next preceding his elec¬ 
tion a resident of the County whence he may be chosen, nor any one who 
has been convicted of an infamous crime. Senators shall be at least twenty- 
five and Representatives at least twenty-one years of age. 

Section 8. The first election for Senators and Representatives under this 
Constitution shall be held on Tuesday after the first Monday in November, 
A. I). 1896, in such manner and at such places as the General Assembly 
shall provide, and on every fourth year thereafter. 

Section 9. The first session of the General Assembly elected under this 
Constitutian shall be convened in Columbia on the fourth Tuesday in No¬ 
vember, A. I). 1896, and thereafter annually at the same time and place. 
Should the casulties of war or contagious diseases render it unsafe to meet 
at the seat of government, then the Governor may, by proclamation, ap¬ 
point a more secure and convenient place of meeting. 

Section 10. The terms of office of the Senators and Representatives 
chosen at a general election shall begin on the Monday following such 
election. 

Section 11. Each House shall judge of the election returns and qualifica¬ 
tions of its own members, and a majority of each House shall constitute a 
quorum to do business, but a smaller number may adjourn from day to day, 
and may compel the attendance of absent members, in such manner and 
under such penalties as may be provided by law or rule. 

Section 12. Each House shall choose its own officers, determine its rules 
of proceeding, punish its members for disorderly behavior, and, with the 
concurrence of two- thirds, expel a member, but not a second time for the 
same cause. 

Section 13. Each House may punish by imprisonment, during its sitting, 
any person not a member who shall be guilty of disrespect to the House by 
any disorderly Or contemptuous behavior in its presence, or who, during 
the time of its sitting, shall threaten harm to body or estate of any mem¬ 
ber for anything said or done in either House, or who shall assault any of 
them therefor, or who shall assault or arrest any witness or other person 
ordered to attend the House in his going thereto or returning therefrom, or 
who shall rescue any person arrested by order of the House: Provided, 
That such time of imprisonment shall not in any case extend beyond the 
session of the General Assembly. 

Section 14. The members of both Houses shall be protected in their per¬ 
sons and estates during their attendance on, going to and returning from 
the General Assembly, and ten days previous to the sitting, and ten days 
after the adjournment thereof. But these privileges shall not be extended 
so as to protect any member who shall be charged with treason, felony or 
breach of the peace. 

Section 15. Bills for raising a revenue shall originate in the House of 
Representatives, but may be altered, amended or rejected by the Senate; 
and all other Bills may originate in either House, and may be amended, 
altered or rejected by the other. 

13—500 




194 


JOURNAL OF PROCEEDINGS, 


Section 16. The style of all laws shall be : “Re it enacted by the Senate 
and House of Representatives of the State of South Carolina, now met and 
sitting in General Assembly, and by the authority of the same.” 

Section 17. Every Act or Resolution having the force of law shall relate 
to but one subject, and that shall be expressed in the title. 

Section 18. No Bill shall have the force of law until it shall have been 
read three times, and on three several days, in each House, has had the 
Great Seal of the State affixed to it, and has been signed by the President 
of the Senate and the Speaker of the House of Representatives. 

Section 19. No money shall be drawn from the Treasury but in pursuance 
of an appropriation made by law, and a regular statement and account of 
the receipts and expenditures of all public moneys shall be published 
annually, in such manner as may be by law directed. 

Section 20. Each member of the General Assembly elected under this 
Constitution shall receive three dollars per diem while in regnlar or extra 
session, and the further sum of five cents for every mile of the ordinary 
route of travel in going to and returning from the place where such session 
is held. 

Section 21. In all elections by the General Assembly, or either House 
thereof, the members shall vote viva voce , and their votes, thus given, shall 
be entered upon the Journal of the House to which they respectively 
belong. 

Section 22. Neither House, during the session of the General Assembly, 
shall, without the consent of the other, adjourn for more than three days, 
nor to any other place than that in which the Assembly shall be at the time 
sitting. 

Section 23. Each House shall keep a Journal of its own proceedings, and 
cause the same to be published immediately after its adjournment, except¬ 
ing such parts as in its judgment may require secrecy; and the yeas and 
nays of the members of either House, on any question, shall, at the desire 
of any ten members of the House or five members of the Senate respect¬ 
ively, be entered on the Journals. Any member of either House shall have 
liberty to dissent from, and protest against, any Act or Resolution which he 
may think injurious to the public or to an individual, and have the reasons 
of his dissent entered on the Journals. 

Section 24. The doors of each House shall be open, except on such occasions 
as in the opinion of the House may require secrecy. 

Section 25. No person shall be eligible to a seat in the General Assembly 
whilst he holds any office or position of profit or trust under this State, the 
United States of America, or any of them, or under any other power, except 
officers in the militia, Magistrates, or Justices of inferior Courts, while such 
Justices receive no salary. And if any member shall accept or exercise any 
of the said disqualifying offices or positions, he shall vacate his seat. 

Section 26. If any election district shall neglect to choose a member, or 
members, on the day of election, or if any person chosen a member of either 
House shall refuse to qualify and take his seat, or shall resign, die, depart 
the State, accept any disqualifying office or position, or become otherwise 
disqualified to hold his seat, a writ of election shall be issued by the Presi¬ 
dent of the Senate or Speaker of the House of Representatives, as the case 
may be, for the purpose of filling the vacancy thereby occasioned for the 
remainder of the term for which the person so refusing to qualify, resign- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 195 


ing, dying, departing the State, or becoming disqualified, was elected to 
serve, or the defaulting election district ought to have chosen a member or 
members. 

Section 27. Members of the General Assembly, and all officers, before 
they enter upon the execution of the duties of their respective offices, and 
all members of the bar, before they enter upon the practice of their profes¬ 
sions, shall take and subscribe the following oath: 

“I do solemnly swear (or affirm) that I am duly qualified, according to the 
Constitution of this State, to exercise the duties of the office to which I 
have been elected (or appointed), and that I will, to the best of my ability, 
discharge the duties thereof, and preserve, protect and defend the Consti¬ 
tution of this State and of the United States. 

“I do further solemnly swear (or affirm) that I have not since 18— engaged 
in a duel, as principal or second, or otherwise, and that I will not during 
the term of office to which I have been elected (or appointed) engage in a 
duel, as principal or second, or otherwise. So help me God.” 

Section 28. Officers shall be removed for incapacity, misconduct or neglect 
of duty in such manner as may be provided by law when no mode of trial 
or removal is provided in this Constitution. 

Section 29. The General Assembly shall enact such laws as will exempt 
from attachment and sale under any mesne or final process issued from any 
Court, to the head of any family residing in this State, a homestead 
in lands, whether held in fee or any lesser estate, not to exceed in 
value one thousand dollars, with the yearly products thereof; and 
every head of a family residing in this State, whether entitled to a 
homestead exemption in lands or not, personal property not to exceed 
in value the sum of five hundred dollars: Provided , That in case 
any woman having a separate estate shall be married to the head of a 
family who has not of his own sufficient property to constitute a home¬ 
stead as hereinbefore provided, said married woman shall be entitled to a 
like exemption as provided for the head of a family: Provided, further, 
That there shall not be an allowance of more than one thousand dollars’ 
worth of real estate and more than five hundred dollars’ worth of personal 
property to the husband andwife jointly : Provided, That no property shall 
be exempt from attachment, levy or sale for taxes, or for payment of obli¬ 
gations contracted for the purchase of said homestead or the erection of 
improvements thereon: Provided, further, That the yearly products of said 
homestead shall not be exempt from attachment, levy or sale for the pay¬ 
ment of obligations contracted in the production of the same: Provided, 
further, That no waiver shall defeat the right of homestead except it be by 
deed or mortgage, and only as against the mortgage debt; but after a 
homestead has been claimed, set aside and recorded, it shall not be mort¬ 
gaged, sold or conveyed except by order of a Court of records, and the 
proceeds shall be invested in another homestead. 

Section 30. All taxes upon property, real or personal, shall be laid upon 
the actual value of the property taxed, as the same shall be ascertained by 
an assessment made for the purpose of laying such tax. 

Section 31. The General Assembly shall never grant extra compensation, 
fee or allowance to any public officer, agent, servant, or contractor, after 
service rendered, or contract made, nor authorize payment or part payment 




196 


JOURNAL OF PROCEEDINGS, 


of any claim under any contract not authorized by law; but appropriations 
may be made for expenditures in repelling invasion, preventing or sup¬ 
pressing insurrection. 

Section 32. All lands belonging to or under the control of the State shall 
never be donated, directly or indirectly, to private corporations or indi¬ 
viduals or to railroad companies ; nor shall such land be sold to corpora¬ 
tions or associations for a less price than that for which it is subject to sell 
to individuals. This, however, shall not prevent the General Assembly 
from granting a right of way not exceeding one hundred feet in width as a 
mere easement to railroads across State land. 

Section 33. The General Assembly shall not authorize payment to any 
person of the salary of a deceased officer beyond the date of his death. 

Section 34. The marriage of a white person with a negro or mulatto, or 
person who shall have one-eighth or more of negro blood, shall be unlaw¬ 
ful and void. 

Section 35. That the right of dower in any and all lands aliened by the 
husband during the coverture be, and the same is hereby, abolished. 

Section 3(j. The General Assembly of this State shall not enact local or 
special laws concerning any of the following subjects, or for any of the 
following purposes, to wit: 

1. To change the names of persons or places. 

2. To lay out, open, alter or work roads or highways. 

3. To incorporate cities, towns or villages, or change, amend or extend 
the charter thereby. 

4. To incorporate educational, religious, charitable, social, manufacturing 
or banking institutions. 

5. To incorporate school districts. 

6. To authorize the adoption of legitimation of children. 

7. To provide for the protection of game. 

8. To summon and empanel grand and petit jurors. 

9. To provide for the age at which citizens shall be subject to road or 
other public duty. 

10. To fix the amount or manner of compensation to be paid to any 
County officer, except that the laws may be so made as to grade the com¬ 
pensation in proportion to the population and necessary service required. 

11. In all other cases, where a general law can be made applicable no 
special law shall be enacted. 

Section 37. No member of the General Assembly of this State during the 
term for which he was elected shall be eligible to any office to be filled by 
an election by the General Assembly, and no Judge in this State during his 
term of office shall be eligible to any other than a judicial office. 


Mr. STANYARNE WILSON, for the Committee on Judicial 
Department, submitted the following unfavorable report on a “reso¬ 
lution as to judgments,” which was ordered for consideration to¬ 
morrow : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 197 


REPORT OF THE COMMITTEE ON JUDICIAL DEPARTMENT ON 
RESOLUTION AS TO JUDGMENTS. 

The Committee on Judicial Department, to whom was referred a resolu¬ 
tion as to judgments, respectfully report that they have carefully con¬ 
sidered the same, and recommend that the same he not adopted, the subject 
thereof being purely legislative. 

All of which is respectfully submitted. 

STANYARNE WILSON, for Committee. 

Mr. W. D. EVANS, for the Committee on Finance and Taxation, 
submitted the following report, which was read the first time and 
ordered for consideration to-morrow : 

REPORT OF THE COMMITTEE ON FINANCE AND TAXATION ON 
ARTICLE IX OF CONSTITUTION. 

The Committee on Finance and Taxation, to whom was referred Article 
IX of the Constitution, respectfully report that they have carefully con¬ 
sidered the same, and recommend that the within report be adopted as 
Article IX of the Constitution. 

All of which is respectfully submitted. 

W. D. EVANS, for Committee. 

ARTICLE IX. 

Finance and Taxation. 

Section 1. The General Assembly shall provide bylaw for a uniform and 
equal rate of assessment and taxation, and shall prescribe such regulations 
as shall secure a just valuation for taxation of all property, real, personal 
and possessory, except mines and mining claims, the proceeds of which alone 
shall be taxed; and also excepting such property as may be exempted by 
law for municipal, educational, literary, scientific, religious or charitable 
purposes: Provided, however, That the General Assembly may impose a 
capitation tax upon such domestic animals as, from their nature and habits, 
are destructive of other property : And provided, further, That the General 
Assembly may provide for a tax on incomes. 

Section 2. The General Assembly shall provide for the annual collection 
of a poll tax of one dollar from every male inhabitant of this State who is 
over the age of twenty-one years, which tax shall be used exclusively for 
common school purposes in the County where it is collected, and shall also 
provide for the annual collection of a tax of not less than two mills on 
every dollar of taxable property in this State, which shall also be used ex¬ 
clusively for common school purposes in the County where collected ; and 
the Common School Fund, except that raised by special enactment, shall 
be apportioned according to scholastic population, as may be provided for 
by law : Provided, That at no time shall the General Assembly appropriate 
for the support of institutions of higher education a sum exceeding one- 
sixth of the amount raised from the poll tax and constitutional tax for 
common schools. 




198 


JOURNAL OF PROCEEDINGS, 


Section 3. The General Assembly shall provide for an annual tax sufficient 
to defray the estimated expenses of the State for each year; and whenever 
it shall happen that such ordinary expenses of the State for any year shall 
exceed the income of the State for such year, the General Assembly shall 
provide for levying a tax for the ensuing year sufficient, with other sources 
of income, to pay the deficiency of the preceding year, together with the 
estimated expenses of the ensuing year. 

Section 4. No tax shall he levied except in pursuance of a law, which shall 
distinctly state the object of the same; to which object such tax shall be 
applied. 

Section 5. It shall be the duty of the General Assembly to enact laws for 
the exemption from taxation of all County, township and municipal prop¬ 
erty used exclusively for public purposes and not for private gain, and of 
all public schools, colleges and institutions of learning, all charitable insti¬ 
tutions in the nature of asylums for the infirm, deaf and dumb, blind, idiotic 
and indigent persons, except where the profits of the institutions are applied 
to private uses, all public libraries, churches, and burying grounds; but 
property of associations and societies, although connected with charitable 
objects, shall not be exempt from State, County or municipal taxation: 
Provided, That this exemption shall not extend beyond the buildings and 
premises actually occupied by such schools, colleges, institutions of learn¬ 
ing, asylums, libraries, churches and burial grounds, although connected 
with charitable objects. 

Section 6. The corporate authorities of Counties, school districts, cities, 
towns and villages may be vested with power to assess and collect taxes for 
corporate purposes; such taxes to be uniform in respect to persons and 
property within the jurisdiction of the body imposing the same. And the 
General Assembly shall require that all the property, except that heretofore 
exempted, within the limits of municipal corporations shall be taxed for 
the payment of debts contracted under authority of law. Any bonded 
debt hereafter incurred by any County, municipal corporation or political 
division of this State shall never exceed 8 per centum of the assessed value 
of all the taxable property therein. 

Section 7. The credit of the State shall not be pledged or loaned to any 
individual, company, association or corporation; and the State shall not 
become a joint owner or stockholder in any company, association or corpo¬ 
ration. The General Assembly shall not have power to delegate to any 
County or township the right to levy tax for any purpose except for edu¬ 
cational purposes, to build and repair public roads, buildings and bridges, 
to maintain and support prisoners, pay jurors, County officers, and for liti¬ 
gation, quarantine and expenses of Courts, to susport paupers and pay 
debts heretofore existing. 

Section 8. The property or credit of any County, city, town, township, 
school district, or other subdivision of the State, or any public money, from 
whatever source derived, shall not, by gift, donation, loan, contract, appro¬ 
priation or otherwise, be used, directly or indirectly, in aid or maintenance 
of any college, school, orphan house or other institution, society or organi¬ 
zation, of whatever kind, which is wholly or in part under the direction or 
control of any church or of any religious or sectarian denomination, society 
or organization. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 199 


Section 9. The General Assembly shall provide for the incorporation and 
organization of cities and towns, and shall restrict their powers of taxation, 
borrowing money, contracting debts and loaning their credit. 

Section 10. No scrip, certificate or other evidence of State indebtedness 
shall be issued except for the redemption of stock, bonds or other evidences 
of indebtedness previously issued, or for such debts as are expressly author¬ 
ized in this Constitution. 

Section 11. An accurate statement of the receipts and expenditures of the 
public money shall be published with the laws of each regular session of 
the General Assembly, in such manner as may by law be directed. 

Section 12. No money shall be drawn from the Treasury but in pursuance 
of appropriations made by law. 

Section 13. The fiscal year shall commence on the first day of November 
in each year. 

Section 14. To the end that the public debt of South Carolina may not 
hereafter be increased without the due consideration and free consent of 
the people of the State, the General Assembly is hereby forbidden to create 
any further debt or obligation, either by the loan of the credit of the State 
by guaranty, endorsement or otherwise, except for the ordinary and cur¬ 
rent business of the State, without first submitting the question as to the 
creation of such new debt, guaranty, endorsement or loan of its credit to 
the people of this State at a general State election; and unless two-thirds 
of the qualified voters of this State voting on the question shall be in favor 
of a further debt, guaranty, endorsement or loan of its credit none shall be 
created or made. And any debt contacted by the State shall be by loan 
on State bonds, of amounts not less than fifty dollars, each bearing interest, 
payable within twenty years after the final passage of the law authorizing 
such debt. A correct registry of all such bonds shall be kept by the 
Treasurer in numerical order, so as to always exhibit the number and 
amount unpaid, and to whom severally made payable. And the General 
Assembly shall levy an annual tax sufficient to pay the annual interest on 
said bonds. 

Section 15. Suitable laws shall be passed by the General Assembly for 
the safe keeping, transfer and disbursement of the State, County and 
school funds; and all officers and other persons charged with the same 
shall keep an accurate entry of each sum received, and of each payment 
and transfer, and shall give such security for the faithful discharge of such 
duties as the General Assembly may provide. And it shall be the duty of 
the General Assembly to pass laws making embezzlement of such funds a 
felony, punishable by fine and imprisonment, proportioned to the amount 
of the deficiency or embezzlement, and the party convicted of such felony 
shall be disqualified from ever holding any office of honor or emolument in 
this state: Provided, however, That the General Assembly, by a two-tliirds 
vote, may remove the disability upon payment in full of the principal and 
interest of the sum embezzled. 

Section 16. No debt contracted by this State in behalf of the late civil 
war, in whole or in part, shall ever be paid. 

Section 17. To the end that there shall be but one annual valuation of 
pjoperty for taxation, the General Assembly shall provide by law for the 
assessing and collection of all County, township, school district and munici¬ 
pal taxes on the valuation of property for State taxes. 



200 


JOURNAL OF PROCEEDINGS, 


Mr. EFIRD, for the Committee on Executive Department, sub¬ 
mitted the following report, which was read the first time and ordered 
for consideration to-morrow : 


REPORT OF THE 


COMMITTEE ON 
MENT. 


THE EXECUTIVE DEPART- 


To the Constitutional Convention of the State of South Carolina: 

On behalf of the Standing Committee on the Executive Department, I 
beg leave to submit herewith as the reports of the Committee an Article on 
that subject. 

We have had referred to us the following resolutions : 

By Mr. Ragsdale, printed in Friday’s Journal, September 13, page 19. 

By Mr. Aldrich, printed in Friday’s Journal, September 13, page 27. 

By Mr. Gray, printed in Friday’s Journal, September 13, page 42. 

By Mr. Russell, printed in Monday’s Journal, September 16, page 9. 

By Mr. Smoake, printed in Monday’s Journal, September 16, page 13. 

By Mr. Reed, printed in Monday’s Journal, September 17, pages 9 and 10. 

By Mr. Rogers, printed in Wednesday’s Journal, September 18, page-. 

All of which resolutions have been carefully considered by the Commit¬ 
tee and are herewith returned to the Convention. 

The Committee grant leave to Mr. Ehrd, Mr. Estridge, Mr. Douglass, and 
Mr. Connor to submit a minority report. 

Respectfully submitted, 

C. M. EFIRD, 

Chairman Committee on Executive Department. 


MINORITY REPORT. 

We, the undersigned members of the Committee on the Executive Depart¬ 
ment, under permission given by the whole Committee, beg leave to submit 
the following minority report: 

We fully concur in the report of the Committee so far as it goes, but 
think the Committee has acted unwisely in declining to report the following 
Section, and recommend that it be incorporated in the report as Section 22: 

Section 22. The Governor shall have the right to investigate, or to order 
an investigation of, all embezzlements or appropriations of public funds to 
private use by any County officer entrusted with the care and disbursement 
thereof; and in case of a prima facie showing of embezzlement, or appro¬ 
priation of funds to private use, he may suspend such officers pending a judi¬ 
cial investigation and appoint some suitable person to perform the duties of 
such office during such judicial investigation, and in case of conviction 
such appointment shall continue for the unexpired term. 

Respectfully submitted, 

C. M. EFIRD, 

L. S. CONNOR, 

J. N. ESTRIDGE, 

J. T. DOUGLASS. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 201 


EXECUTIVE DEPARTMENT. 

Section 1. The supreme executive authority of this State shall he vested 
in a Chief Magistrate, who shall he styled “ The Governor of the State of 
South Carolina.” 

Section 2. The Governor shall he elected hy the electors duly qualified to 
vote for members of the House of Representatives, and shall hold his 
office for two years, and until his successor shall he chosen and qualified, 
and shall he re-eligihle. He shall he elected at the first general election 
held under this Constitution for members of the General Assembly and at 
each general election thereafter, and shall be installed during the first ses¬ 
sion of the said General Assembly after his election, on such day as shall 
he provided for hy law. The other State officers elect shall at the same 
time enter upon the performance of their duties. 

Section 3. No person shall he eligible to the office of Governor who denies 
the existence of the Supreme Being, or who at the time of such election has 
not attained the age of thirty years, and who shall not have been a citizen 
of the United States and a citizen and resident of this State for five years 
next preceding the day of election. No person while Governor shall hold 
any office or other commission (except in the militia) under this State, or 
any other power, at one and the same time. 

Section 4. The returns of every election for Governor shall he sealed 
up hy the Board of Canvassers for their respective Counties, and 
transmitted hy mail to the seat of government, directed to the 
Secretary of State, who shall deliver them to the Speaker of 
the House of Representatives at the next ensuing session of the General 
Assembly and a duplicate of said returns shall he filed with the Clerks of 
the Courts of said Counties, whose duty it shall he to forward to the Secre¬ 
tary of State a certified copy thereof upon being notified that the returns 
previously forwarded hy mail have not been received at his office. It shall 
he the duty of the Secretary of State, after the expiration of seven days 
from the day upon which the votes have been counted, if the returns 
thereof from any County have not been received, to notify the Clerk of the 
Court of said County and order a copy of the returns filed in his office to 
he forwarded forthwith. The Secretary of State shall deliver the returns to 
the Speaker of the House of Representatives at the next ensuing session of 
the General Assembly, and during the first week of the session, or as soon 
as the General Assembly shall have organized hy the election of the pre¬ 
siding officers of the two Houses, the Speaker shall open and publish them 
in the presence of both Houses. The person having the highest number of 
votes shall he Governor, but if two or more shall he equal and highest in 
votes the General Assembly shall, during the same session, in the House 
of Representatives, choose one of them Governor viva voce. Contested 
elections for Governor shall he determined hy the General Assembly in 
such manner as shall he prescribed hy law. 

Section 5. A Lieutenant Governor shall he chosen at the same time, in 
the same manner, continue in office for the same period, and he possessed 
of the same qualifications as the Governor, and shall ex officio he President 
of the Senate. 

Section 6. The Lieutenant Governor while presiding in the Senate shall 
have no vote unless the Senate he equally divided. 



202 


JOURNAL OF PROCEEDINGS, 


Section 7. The Senate shall, as soon as practicable after the convening of 
the General Assembly, choose a President pro tempore, to act in the absence 
of the Lieutenant Governor, or when he shall exercise the office of Gover¬ 
nor. 

Section 8. A member of the Senate or of the House of Representatives 
being chosen and acting as Governor or Lieutenant Governor shall there¬ 
upon vacate his seat, and another person shall be elected in his stead. 

Section 9. In case of the impeachment of the Governor, or his removal 
from office, death, resignation, disqualification, disability, or removal from 
the State, the Lieutenant Governor shall succeed to his office; and in case of 
the impeachment of the Lieutenant Governor, or his removal from office, 
death, resignation, disqualification, disability, or removal from the State, 
the President pro tempo re of the Senate, shall succeed to his office; and 
when the President pro tempore of the Senate shall succeed to the office 
of Governor, he shall forthwith, by proclamation, convene the Senate in 
order that a President pro tempore may be chosen. 

Section 10. The Governor shall be Commander-in-Chief of the Militia of 
the State, except when they shall be called into the actual service of the 
United States. 

Section 11. He shall have power to grant reprieves, commutations and 
pardons after conviction (except in cases of impeachment), in such manner, 
on such terms and under such restrictions as he shall think proper; and he 
shall have power to remit fines and forfeitures, unless otherwise directed 
by law. It shall be his duty to report to the General Assembly, at the next 
regular session thereafter, all pardons granted by him, with the report of 
the Board of Pardons. Every petition for pardon or commutation of sen¬ 
tence shall be first referred by him to a Board of Pardons, to be composed 
of the Secretary of State, the Comptroller-General and the Superintendent 
of the Penitentiary, which Board shall hear all such petitions, under such 
rules and regulations as the General Assembly may provide. The Governor 
may adopt the recommendation of said Board; but in case he does not, he 
shall submit his reasons therefor to the General Assembly. 

Section 12. He shall take care that the laws be faithfully executed in 
mercy. 

Section 13. The Governor and Lieutenant-Governor shall, at stated times, 
receive for their service a compensation, which shall be neither increased 
nor diminished during the period for which they shall have been elected. 

Section 14. All officers in the executive departments and all Boards of 
public institutions shall, when required by the Governor, give him informa¬ 
tion in writing upon any subjects relating to the duties of their respective 
offices or the concerns of the respective institutions, including itemed 
accounts of receipts and disbursements. 

Section 15. The Governor shall, from time to time, give to the General 
Assembly information of the condition of the State, and recommend to 
their consideration such measures as he shall judge necessary or expedient. 

Section 16. He may, on extraordinary occasions, convene the General 
Assembly; and should either House remain without a quorum for five days, 
or in case of disagreements between the two Houses with respect to the 
time of adjournment, may adjourn them to such time as he shall think 
proper, not beyond the time of the annual session then next ensuing. 

Section 17. He shall commission all officers of the State. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 203 


Section 18. The seal of the State now in use shall he used by the Gover¬ 
nor officially, and shall he called “ The Great Seal of the State of South 
Carolina. ” 

Section 19. All grants and commissions shall he issued in the name and 
hy the authority of the State of South Carolina, sealed with the great seal, 
signed hy the Governor, and countersigned by the Secretary of State. 

Section 20. The Governor and Lieutenant-Governor, before entering upon 
the duties of their respective offices, shall take and subscribe the oath of 
office as prescribed in Article —, Section —, of this Constitution. 

Section 21. The Governor- shall reside at the capital of the State, but 
during the sittings of the General Assembly he shall reside where its 
sessions are held, except in case of contagion. 

Section 22. Every Bill or Joint Resolution which shall have passed the 
General Assembly, except on a question of adjournment, shall, before it 
becomes a law, be presented to the Governor, and if he approve he shall 
sign it; if not, he shall return it, with his objections, to the House 
in which it shall have originated, which shall enter the objections at 
large on its Journals and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that House shall agree to pass it, it 
shall be sent, together with the objections, to the other House, by 
which it shall be reconsidered, and if approved by two-thirds of that 
House it shall have the same effect as if it had been signed by the Gover¬ 
nor ; but in all such cases the vote of both Houses shall be taken by yeas 
and nays, and the names of the persons voting for and against the Bill or 
Joint Resolution shall be entered on the Journals of both Houses respect¬ 
ively. Bills appropriating money out of the Treasury shall specify the 
objects and purposes for which the same are made and appropriate to them 
respectively their several amounts in distinct items and Sections. 
And if the Governor shall not approve any one or more of the items 
or Sections contained in any Bill, but shall approve of the residue 
thereof, it shall become a law as to the residue in like manner as if he had 
signed it. The Governor shall then return the Bill, with his objections to 
the items or Sections of the same not approved by him, to the House in 
which the Bill shall have originated, which House shall enter the objections 
at large upon its Journal, and proceed to reconsider so much of said Bill as 
is not approved by the Governor. The same proceedings shall be had 
in both Houses in reconsidering the same as is provided in case of an 
entire Bill returned by the Governor with his objections; and if any 
item or Section of said Bill not approved by the Governor shall be 
passed by two-thirds of the members elected to each of the two Houses 
of the General Assembly, it shall become a part of said law notwith¬ 
standing the objections of the Governor. If a Bill or Joint Reso¬ 
lution shall not be returned by the Governor within three days 
after it shall have been presented to him, Sundays excepted, it shall have 
the same force and effect as if he had signed it, unless the General As¬ 
sembly, by their adjournment, prevent its return, in which case it shall have 
such force and effect unless returned within two days after their next 
meeting. 

Section 23. There shall be elected by the qualified voters of the State a 
Secretary of State, a Comptroller General, an Attorney General, a Trea¬ 
surer, an Adjutant and Inspector General, and a Superintendent of Educa- 




JOURNAL OF PROCEEDINGS, 


204 


cation, who shall hold their respective offices for the term of two years, and 
whose duties and compensation shall he prescribed by law. 


Mr. MORRISON, for the Committee on Amendments, submitted 
the following report, which was read the first time and ordered for 
consideration to-morrow : 


REPORT OF THE COMMITTEE ON AMENDMENTS. 


We, the Committee on Amendments, to whom was referred the within 
proposed Article, the same being Article XI of the Constitution, intro¬ 
duced by Mr. Aldrich, and referred to this Committee by the Judiciary 
Committee, authorized to subdivide the same, beg leave to report that 
they have duly and carefully considered the same, and recommend that 
the same be laid upon the table, and the following be adopted in lieu thereof 
as a part of the Constitution: 

ARTICLE-. 

Amendment and Revision of the Constitution. 

Section 1. Any amendment of amendment to this Constitution may be 
proposed in the Senate or House of Representatives. If the same be agreed 
to by two-tliirds of the members elected to each House, such amendment or 
amendments shall be entered on the Journals respectively, with the yeas 
and nays taken thereon; and the same shall be submitted to the qualified 
electors of the State, at the next general election thereafter for Repre¬ 
sentatives; and if a majority of the electors qualified to vote for members of 
the General Assembly, voting thereon, shall vote in favor of such amend¬ 
ment or amendments, and two-thirds of each branch of the next General 
Assembly shall, after such an election, and before another, ratify same 
amendment or amendments, by yeas and nays, the same shall become part 
of the Constitution: Provided, That such amendment or amendments 
shall have been read three times, on three several days, in each House. 

Section 2. If two or more amendments shall have been submitted at the 
same time, they shall be submitted in such manner that the electors shall 
vote for or against each of such amendments separately. 

Section 3. Whenever two-thirds of the members elected to each branch 
of the General Assembly shall think it necessary to call a Convention to 
revise, amend or change the Constitution, they shall recommend to the 
electors to vote at the next election for Representatives for or against a 
Convention; and if a majority of all the electors voting at said election 
shall have voted for a Convention, the General Assembly shall, at their 
next session, provide by law for calling the same; and such Convention 
shall consist of a number of members not less than that of the most numer¬ 
ous branch of the General Assembly. 

Respectfully submitted, 

J. B. MORRISON, Chairman. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 205 


The following gentlemen were granted indefinite leave of absence : 
Mr. Rogers and Mr. McCown. 

The following gentlemen were granted leave of absence till Monday 
next : Messrs. S. E. White, Ashe, Perritte, Bates, Aldrich, Peake, 
Bowman. Connor, J. L. Glenn, Clayton, Byrd, Gamble, Timmerman, 
W. J. Montgomery, Berry, Ellerbe, J. D. Montgomery, McGowan, 
Klugh, Hemphill, D. S. Henderson, McKagen, Stackhouse, Nichol¬ 
son, Haynsworth, Wells, J. P. Glenn and Cantey. 

The following gentlemen were granted leave of absence till Tuesday 
next: Messrs. Jervey and Fitch. 

Mr. ELOYD asked and obtained leave of absence for Mr. Hay till 
Wednesday next. 

Mr. STOKES offered the following resolution, which was con¬ 
sidered immediately and agreed to: 

Resolved, That no further leaves of absence be panted this day excej)t 
for sickness. 

On motion of Mr. SHEPPARD, the Convention, at 1:15 P. M., 
adjourned till 11 A. M. to-morrow. 


ELEVENTH DAY. 


Saturday, September 21, 1895. 


The Convention assembled at 11 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 

The PRESIDENT presented a communication from “The National 
League for the Protection of American Institutions,which, on 
motion of Mr. OTTS, was received as information. 

Ordered that printing be dispensed with. 






206 


JOURNAL OF PROCEEDINGS, 


The PRESIDENT, in a few and appropriate words, expressed his 
thanks to the Convention for the resolution passed on Thursday, 
September 19th, in reference to an editorial published in The State 
newspaper. 

The PRESIDENT proceeded to call by Counties for Resolutions, 
Memorials, and such like papers. 

On motion of Mr. STANYARNE WILSON, the call by Counties 
was dispensed with. 

Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Miscellaneous 
Matters : 


ORDINANCE TO FORBID THE GRANTING OF DIVORCES, BUT TO 
PROVIDE FOR THE RECOGNITION OF DIVORCES REGULARLY 
GRANTED BY OTHER SOVEREIGNTIES. 


Be it ordained by the people of South Carolina, through their delegates, in 
convention assembled: 

No divorce from the bond of matrimony shall be granted in this State: 
Provided, however, That for the sake of interstate comity a divorce hereto¬ 
fore or hereafter granted by any other State or sovereignty upon the appli¬ 
cation of either party at the time actually a resident and citizen of such 
State or sovereignty shall be recognized as of full force in this State in re¬ 
spect to the personal or the property rights of both parties. 


Mr. AUSTIN introduced the following resolution, which was read 
the first time and referred to the Committee on Contingent Ac¬ 
counts : 


RESOLUTION RELATING TO THE PAYMENT OF COMMISSIONERS 
AND MANAGERS OF ELECTION FOR DELEGATES TO THE 
CONSTITUTIONAL CONVENTION. 


Whereas the last Legislature provided for the election of delegates to 
the Constitutional Convention, advertising notices of election and other 
expenses of the Convention, and specifically, that no Commissioner and 
Manager of Election should be paid anything Therefore he it resolved, That 
it be the sense of this Convention that such Commissioner and Manager 
should be provided and paid such amounts for their service as is now pro¬ 
vided by law for the payment of such Commisssoners and Managers. 


Mr. CONNOR introduced the following resolution : 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 207 


A RESOLUTION REQUIRING BIENNIAL SESSIONS OF THE LEGIS¬ 
LATURE AND PROVIDING FOR A FOUR YEAR TERM OF 
OFFICE. 


Article —, Section—. All State and County officers, except Judges of the 
Supreme and Circuit Courts, shall hold their respective offices for the term 
of four years, and shall not he eligible to two successive terms. 

Section —. The Legislature shall meet biennially, but the Governor 
shall have power to call an extra session whenever it may be necessary. ' 

On motion of Mr. SHEPPARD, the resolution was laid on the 
table, and ordered printed in the Journal, that it might be taken up 
and considered in connection with the report of the Committee on 
Legislative Department. 

Mr. GIL LAND introduced the following ordinance, which was 
read the first time and referred to the Committee on County and 
County Government: 

AN ORDINANCE PROVIDING FOR THE ELECTION OF COUNTY 
AUDITORS AND COUNTY TREASURERS. 

Be it resolved by the people of South Carolina, in convention assembled, 
and by the authority of the same, That the following shall constitute Sec¬ 
tion I of Article IX of the Constitution: 

There shall be elected in each County, by the qualified electors thereof, 
at each general election for State and County officers, one County Auditor 
and one County Treasurer, who shall hold their offices, respectively, for 
the term of four years and until their successors are elected and qualified. 
They shall have such powers and duties as now are, or may hereafter be, 
prescribed by law for County Auditors and County Treasurers. 


Mr. BATES introduced the following ordinance, which was read 
the first time and referred to the Committee on Militia: 


ORDINANCE FOR EXEMPTIONS FROM TAXATION OF CERTAIN 
WIDOWS AND CONFEDERATE SOLDIERS. 


There shall be exempt from taxation property to the value of three 
hundred dollars to every widow who has a family dependent on her for 
support, and to every person that has lost a limb or been disabled in the 
Confederate army : Provided, Such widow or person does not own property 
exceeding one thousand dollars in value. 


Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 



208 


JOURNAL OF PROCEEDINGS, 


ORDINANCE LIMITING THE DURATION OF THE STATE’S LIEN 

FOR TAXES. 

Be it ordained by the people of South Carolina through their delegates, 
in convention assembled: 

Where taxes on real estate shall have been due and unpaid for five years 
and the State shall not have sold or taken exclusive possession of the 
premises within that period, the lien of the State shall be extinguished. 

Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Judicial Depart¬ 
ment : 

ORDINANCE RELATIVE TO THE CONCURRENCE OF THE WHOLE 
NUMBER OF A JURY. 

Be it ordained by the people of South Carolina, through their delegates, 
in cenvention assembled, The General Assembly may provide for the find¬ 
ing of a verdict in any class of cases upon the concurrence of less than the 
whole number of a jury. 

Mr. RUSSELL introduced the following resolution : 

AMENDMENT TO CONSTITUTION, ARTICLE -, SECTION -, 

RELATING TO MUNICIPAL CORPORATIONS. 

Any city or town in this State wishing to alter or amend its charter, or 
any town wishing to erect itself into a municipal organization with like 
powers of other municipalities, may do so, consistent with this Constitution 
and the laws of this State, by electing a board of five free-holders by the 
qualified voters of the city or town, who shall within thirty days from their 
election submit to the chief magistrate or executive officer of such city or 
town a draft of such proposed new charter, or of the proposed new amend¬ 
ments to the existing charter, signed by each of the members of this 
Board or a majority of them. It shall then be the duty of the said chief 
magistrate or executive officer of said city or town to submit the proposed 
new charter or amendments to the qualified voters of said city or town 
within thirty days thereafter, for ratification or rejection, and if ratified by 
a majority of the qualified electors it shall within thirty days after said 
election become the charter of said city; or if amendments shall become a 
part of it, it shall be the duty of the said chief magistrate or executive 
officer to make duplicate copies of the same under the corporate seal of 
the municipality, one of which shall be deposited in the office of the Secre¬ 
tary of State and the other shall be recorded in the office of the Clerk of 
Court and Register of Mesne Conveyance of the County in which such 
municipality is situated, and then deposited in the municipal archives, and 
all Courts shall take judicial cognizance thereof. Any proposal for the 
adoption of a new charter or of proposed amendments shall be published 
at least thirty days beforehand in not more than two papers of largest 
circulation in the city or town, or if none, then in the County in which such 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 209 


city is situated. No proposed charter or proposed amendments shall annex 
territory without the consent of the qualified voters in the territory pro¬ 
posed to he annexed. Such charter or proposed amendments shall always 
be in harmony with the Constitution and laws of this State, and it shall be 
competent for the Circuit and Supreme Courts to pass upon that question. 

On motion of Mr. STOKES, the resolution was laid on the table 
and ordered printed in the Journal, in order, that it might be taken 
up with the report of the Committee on Municipal Corporations and 
Police Regulations. 


REPORTS OF STANDING COMMITTEES. 

Mr. FIELD, for the Committee on Contingent Accounts and 
Expenses, made a favorable report on the account of Charles A. Calvo, 
Jr., for printing done for the Convention, and recommended that the 
same be paid ; which was read the first time and ordered for consid¬ 
eration to-morrow : 

REPORT OF COMMITTEE ON CONTINGENT ACCOUNTS AND 

EXPENSES. 


State of South Carolina, Columbia, S. C., Sept. 20, 1895. 

The Committee on Contingent Accounts and Expenses, to whom was 
referred accounts of Convention printing of Charles A. Calvo, Jr., respect- 
fnlly report that they have duly and carefully considered the same, and 
recommend that the same be paid. W. T. FIELD, 

Chairman. 


The State of South Carolina, 

To Charles A. Calvo, Jr., Dr. 


1895. 

Sept. 19. To ptg 200 copies Constitutional Convention Journal (Sept. 


10 to 19,) 73* L. P. pp. © $1.07.$ 78 11 

86£ Brevier pp.=121 L. P. © $1.07. 129 47-$207 48 

To ptg and binding 2 Order Books for Secretary of Con¬ 
vention © $3.00.. 6 00 

To ptg 100 Journal Slips. 1 50 

“ “ 100 “ “ . 1 50 

“ “ 100 Roll of Members. 6 00 

a a 500 “ “ “ . 8 00 


“ “ 200 Calendars, (Sept. 14, 16, 19,) 6 pp. © $1.07.. 6 42 

“ “ 200 Calendar Orders 1, 2, 3, 4, Bill matter © $1.87, 

10 pp. 

To ptg 200 copies Calendar Orders 5, 6, 7, and Report of 

Committee on Rules, 12 Brev. pp.=17 L. P. © $1.07.... *18 19 


14—500 













210 


JOURNAL OF PROCEEDINGS, 


To ptg 500 copies Permanent Journal, sigs. 1 to 7, inclusive, 


59J L. P. pp. © $1.00.$59 25 

52£ Brev. pp.=74 L. P. © $1.00 . 74 00— 183 25 


$407 04 

Less. 2 68 


$404 36 

* Error: Should-be 

6 L. P. pp. © $1.07.$ 6 42 

6 Brev. pp.=8i pp. L. P. 9 09 


$15 51 


State of South Carolina, ) 

Richland County. ) 

Personally appeared before me Charles A. Calvo, Jr., who, being, duly 
sworn, deposes and says that the above is a just and true account against 
the State of South Carolina, under the terms of Chapter III, Revised Stat¬ 
utes of 1893, no part of which has been paid by discount or otherwise. 

Sworn-to before me 19th September, 1895. CHARLES A. CALYO, Jr. 

G. W. PARKER, [L. S.] 

Notary Pub. S. C. 

Mr. McWPIITE, for the Committee on Legislative Department, 
made the following report: 

REPORT OF THE COMMITTEE ON LEGISLATIVE DEPARTMENT. 

The Committee on Legislative Department, to whom was referred the 
following resolutions, respectfully report that they have carefully con¬ 
sidered the same, and recommend that they be incorporated in Article 2 of 
the Constitution. 

All of which is respectfully submitted. 

B. B. McWHITE, 

For Committee. 

The Committee on Legislative Department beg leave to report favorably 
on the following resolutions, and have incorporated the same in the Article 
we have reported : 

Resolution forbidding the payment of salaries beyond the date of the 
death of any officer of this State. By Mr. Buist. Journal, 6th day, page 8. 

Resolution forbidding the General Assembly granting extra compensation 
under certain conditions. By Mr. Buist. Journal, 6th day, page 4. 

Resolution forbidding the General Assembly to donate the property of 
the State to private corporations or individuals. By Mr. Buist. Journal, 
6th day, page 7. 

Resolution in regard to compensation of members of General Assembly. 
By Mr. J. S. Brice. Journal, 4th day, page 2. 

Resolution to abolish the right of dower in lands aliened by husband dur¬ 
ing coverture. By Mr. Rogers. Journal, 4th day, page 15. 











SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 211 


Resolution in regard to quadrennial election. By Mr. J. S. Brice. Jour¬ 
nal, 4th day, page 14. 

Resolution relating to eligibility of members of the General Assembly 
and Judges to certain offices. By Mr. Prince. Journal, 8th day, page 20. 

An ordinance to prohibit special legislation. By Mr. Gage. Journal, 3d 
day, page 9. 


Which was read the first time and ordered for consideration to¬ 
morrow. 

Mr. Me WHITE, for the Committee on Legislative Department, 
made the following report, which was considered immediately and 
agreed to : 

REPORT OF COMMITTEE ON LEGISLATIVE DEPARTMENT. 

The Committee on Legislative Department, to whom was referred the 
following resolutions, respectfully report that they have carefully con¬ 
sidered the same, and recommend that they do not pass, and ask for an 
immediate consideration. 

All of which is respectfully submitted, 

B. B. McWHITE, 

For Committee. 

The following resolutions reported unfavorable: 

Resolution to prohibit the intermarriage of whites with negroes or their 
living together as man and wife. By Mr. Lowman. Journal, 8th day, 
page 19. 

A resolution to prohibit members of the Legislature from voting on 
measures or Bills in which they have a personal interest. By Mr. Smoak. 
Journal, 6th day, page 9. 

Resolution proposing an amendment to Section 6, Article III, of the Con¬ 
stitution, relating to an apportionment of Representatives to the General 
Assembly. By Mr. G. D. Tillman. Journal, 4th day page 14. 

Resolution providing for homestead, amending Article II, Section 32, of 
present Constitution. By Mr. Howell. Journal, 4th day, page 10. 

Resolutions in regard to biennial sessions of the General Assembly. By 
Mr. J. S. Brice. Journal, 4th day, page 10. 

An ordinance to provide for marriage license and record of the same, 
with birth and death, by Clerk of Court. By Mr. Dudley. Journal, 6th 
day, page 3. 

A resolution establishing the office of Commissioner of Labor. By Mr. 
Garris. Journal, 5th day, page 3. 

A resolution in regard to family homestead. By Mr. Burns, Journal, 4th 
day, page 4. 

Resolution providing for a homestead as a substitute for Section 30, 
Article II. By Mr. R. F. Smith. Journal, 4th day, page 5. 

Resolution providing for the registration of marriages. By Mr. Berry. 
Journal 8th day, page 17. 




212 


JOURNAL OF PROCEEDINGS, 


Resolution to prohibit the intermarriage of white persons with negroes, 
mulattoes or persons of mixed blood descended from a negro. By Mr. 
Taylor. Journal, 6th day, page 8. 

Resolution to prevent prize lighting. By Mr. Doyle. Journal, 8th day, 
page 18. 

Power of the General Assembly over taxation. By Mr. Lowman. Jour¬ 
nal, 5th day, page 11. 

Ordinance to disallow distress for rent. By Mr. Moore. Journal, 5th 
day, page 10. 

A resolution relating to homestead and exemption. By Mr. Prince. 
Journal, 4th day, page 20. 

Resolution making corporations responsible for the payment of work 
when a construction company fails to pay the laborer. By Mr. A. K. 
Smoak. Journal, 5th day, page 5. 

Resolution relating to the printing of the laws, Journals, Bills and legis¬ 
lative documents and papers for each branch of the General Assembly. 
By Mr. Sloan. Journal, 6th day, page 11. 

Resolution relating to public printing and the furnishing of supplies for 
public offices, amending Article XIV, Section 7, of the present Constitution. 
By Mr. Snllivan. Journal, 7th day, page 8. 

Resolution in relation to fishing in the unnavigable running streams and 
waters of this State. By Mr. Gooding. Journal, 8th day, page 17. 

Resolution providing for the creation, establishing and maintenance of a 
Bureau of Labor Statistics. By Mr. Stanyarne Wilson. Journal, 5th day, 
page 7. 

On motion of Mr. BUIST, the unfavorable report of the Committee 
was ordered printed in the Journal. 

Mr. GOODING, for the Committee on Charitable and Penal Institu¬ 
tions, submitted the following report: 

REPORT OF COMMITTEE ON CHARITABLE AND PENAL INSTITU¬ 
TIONS. 

The Committee on Charitable and Penal Institutions beg leave to make 
the following report: 

September 17, page 10 of Journal.—The memorial of L. W. Jenkins and 
others, of Charleston, in referrence to reformatory school in Charleston, 
S. C., has been examined. 

We recommend that it be received as information, and ask to be dis¬ 
charged from its further consideration. 

September 18, page 10 of Journal.—Resolution to establish a State Penal 
School by Mr. J. R. Reed. 

We recommend that the same do not pass. 

September 17, page 11 of Journal.—Resolution to regulate the working of 
convicts by Mr. W. F. Clayton. 

We recommend that it do pass with the following amendment, viz.: 
Strike out all after highways on the sixth line ; so the resolution shall read : 
“ That all convicts sentenced to hard labor by any of the Courts in this 
State may be employed upon the public works of the State or Counties and 
upon the public highways.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 213 


September 18, page 2 of Journal.—By Mr. Irby, petition relating to work¬ 
ing convicts from the Board of County Commissioners of Laurens. 

We recommend that it be referred to Committee on Counties and County 
Government, and ask to be discharged from its further consideration. 

September 19, page 12 of Journal.—An ordinance requiring chain gang, 
by Mr. Otts. 

We recommend that it be referred to Committee on Counties and County 
Government. 

September 17, page 5 of Journal.—By Mr. McWhite, resolution to pro¬ 
vide punishments, penal institutions and public charities. 

We respectfully report that we have examined and adopted the principles 
incorporated in Sections 6, 7, 8, 10 and 11, which will appear in a report 
of and Article for the consideration of the Convention. Sections 1, 2, 3, 4 
and 5, we ask to be discharged from their further consideration, and 
recommend that they be referred to the Committee on Jurisprudence. Sec¬ 
tion 9 we recommend do not pass. 

All of which is respectfully submitted, 

W. J. GOODING, 

O. M. DOYLE, 

HENRY C. BURN. 

For Committee. 

Which was read the first time and ordered for consideration to¬ 
morrow. 

On motion of Mr. B. R. TILLMAN, the consideration of the 
Calendar was postponed until to-morrow. 

Mr. TALBERT moved to adjourn until 11 A. M. to-morrow. 

Mr. LOWMAN moved to amend by making it 12 M.; which was 
agreed to. 

On motion of Mr. LOWMAN, at 1:30 P. M., the Convention ad¬ 
journed until Monday at 12 M. 


TWELFTH DAY. 


Monday, September 23, 1895. 


The Convention assembled at 12 o’clock M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 








214 


JOURNAL OF PROCEEDINGS, 


The Journal of yesterday's proceedings was read and confirmed. 

The PRESIDENT proceeded to call by Counties for memorials, 
petitions and such like papers. 

On motion of Mr. GEORGE JOHNSTONE, the call by Counties 
was dispensed with. 

Mr. LOWMAN asked and obtained indefinite leave of absence for 
his colleague Mr. Stokes on account of sickness. 

MEMORIAL. 

Mr. TALBERT presented the following memorial, which was, 
on motion of Mr. TALBERT, received as information and ordered 
printed in the Journal : 

MEMORIAL FROM CONFEDERATE SOLDIERS. 

Aiken, S. C., September 21st, 1895. 
Governor J. G. Evans and Hon. W. J. Talbert. 

Gentlemen: We, the undersigned Confederate veterans, pray you sub¬ 
mit our petition to the Convention, asking that the pensions of the wounded 
be doubled, as the present pay is only twenty-one or two dollars. A few 
more years and we will all have crossed over the river. South Carolina 
can well afford to pay her wounded $50, as Georgia pays hers that amount 
and even more. 

We hope you will attend to this for us and oblige, 

Very truly, John M. Bell. 

Dock Owen. 

S. E. Owen. 

James Day. 

A. S. Courtney. 

John Ripley. 

A. C. Ripley. 

J. J. Fulmer. 

T. J. Riley. 

Stephen Moyers. 

M. A. Mattox. 

William Friday. 

William Williamson. 

James J. Centel. 

John W. O^vens. 

James D. Green. 

Mattison Allexander. 

Eldr^d Posey. 

PETITION. 

Mr. MILLER presented the following petition, which was read the 
first time and referred to the Committee on Municipal Corporations 
and Police Regulations : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 215 


PETITION OF CITIZENS OF SUMTER, S. C., AGAINST THE PAS¬ 
SAGE OF SECTION 1G OF AN ARTICLE TO REGULATE MUNICI¬ 
PAL CORPORATIONS, TO WIT, No 9 ON CALENDAR. 


To the Honorable the Constitutional Convention of South Carolina: 

We, the undersigned petitioners, respectfully represent that we are citi¬ 
zens of the State of South Carolina and reside in the city of Sumter, in 
Sumter County. 

We recognize the fact that the ballot, honestly regulated, is the safe¬ 
guard of our American institutions, and upon it depends the prosperity and 
happiness of all the people of our Commonwealth. 

Debased or degraded by a vicious or immoral class it becomes an evil, 
dangerous it is true, but always capable of correction by intelligence and 
virtue; but corrupted or tainted by fraud or dishonesty it becomes more 
terrible in its results than pestilence or war. It blights with its polluting 
touch every strata of society, reaching from the highest official to the 
humblest citizen. Corruption, dishonesty, perjury and every species of 
crime becomes a jest and a pastime. 

For these reasons and many others equally weighty and important we 
humbly petition and respectfully ask that your honoroble body strike out 
and refuse to incorporate in the organic law of the State that portion of 
Section 16 of Article — reported from the Committee on Municipal Cor¬ 
porations and Police Regulations, which reads as follows: “ or who can 
explain the same satisfactorily when read to him.” These words contain in 
themselves the elements of fraud. To a board, perhaps partisan, it will be 
left to decide whether the applicant for the right of suffrage “satisfactorily 
explains” the clause read to him, and in the exercise of this power to decide 
a voter’s qualification the floodgates of party discrimination, fraud and 
corruption will be thrown open wide. 

We further respectfully ask that whatever regulations be imposed upon 
the exercise of the right of suffrage they be uniform, impartial, fair, and of 
an unchangeable and unequivocal standard. 

And your petitioners will ever pray, etc, etc. 

Wm. T. Andrews. 

William T. Smith, M. D. 

J. C. Whittaker. 

H. Pearson. 

M. H. Fields. 

Wm. J. Andrews. 

Z. E. Walker. 

S. Z. Walker. 

A. G. Spears. 

C. M. Crosby. 

E. D. Peterson. 

E. E. Jones. 

C. C. Scott. 

P. Owens. 

Anthony Bray. 

Adams Young. 

Richard Miller. 

Henry M. Davis. 

Barton W. Levan. 

A. J. Andrews. 




216 


JOURNAL OF PROCEEDINGS, 


RESOLUTIONS. 

Mr. FRASER introduced the following resolution, which was con¬ 
sidered immediately and agreed to : 


RESOLUTION IN RELATION TO REPORTS OF COMMITTEES. 

Besolved, That all Committees to whom are referred ordinances or resolu¬ 
tion proposing amendments to Articles of the Constitution are requested to 
report as a part of the Article committed to them all propositions on which 
they report favorably. 

Mr. PATTERSON introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 

A RESOLUTION TO PROVIDE FOR THE MAINTAINANCE OF THE 
PUBLIC SCHOOLS OF THE STATE. 


Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the fol¬ 
lowing provision shall constitute Section — of Article — of the Constitu¬ 
tion of the State : 

Section —. The General Assembly shall levy at each regular session after 
the adoption of this Constitution an annual tax of not less than three mills 
on the dollar on all taxable property throughout the State, and there shall 
also be assessed on all male persons of this State between the ages of eight¬ 
een and sixty years, who perform or are able to perform manual labor, an 
annual tax of one dollar on each poll, the proceeds of which levy and 
assessment aforesaid shall be for the support of the public schools; said tax 
shall be collected at the same time and by the same officials as the general 
State levy, and shall be paid into the State Treasury in the same manner as 
other State taxes; and all funds derived from the aforesaid taxes and from 
any other source, as provided for in this Constitution, intended for the 
benefit or support of the public schools of this State, shall be distributed 
among the several Counties in this State in proportion to the respective 
number of pupils between the ages of six and twenty-one years as enrolled 
the year previous; and the school funds of the several Counties shall be 
distributed among the school districts of the several Counties as the Gen¬ 
eral Assembly shall hereafter provide ; and the General Assembly shall 
provide for the penalties, fines and forfeitures for the non-payment of the 
poll tax. 


Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Legislative 
Department: 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 217 


ORDINANCE TO EMPOWER THE LEGISLATURE TO ENACT LAWS 
REGULATING THE COMPETENCY OF MEN TO MARRY. 

Be it ordained by the people of South Carolina, in convention assembled, 
That in order to protect the health and promote the morality of the State, 
the Legislature may enact laws establishing Boards of Physicians, and 
providing that no man shall be competent to marry within this State unless, 
after a physical examination by one of said Boards, he shall receive a certi¬ 
ficate therefrom to the effect that he is free from all diseases that would 
render him unfit to be a husband or a father. 

Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Counties and 
County Government: 

AN ORDINANCE TO RENDER COUNTIES LIABLE IN CERTAIN 

CASES. 

Be it ordained by the people of South Carolina, in convention assembled, 
That each County shall be liable in damages to the family, or any actual 
dependents, of any person unlawfully killed within its bounds. 

The merits of such claim shall be determined independently of the fact of 
the acquittal or the conviction of the alleged slayer, or of absence of proof 
against any individual whatsoever. 

The Legislature shall prescribe the conditions and limitations of such 
damages. 

Mr. STANYARNE W T ILSON presented the following bills, which 
were read the first time and referred to the Committee on Contingent 
Accounts and Expenses: 

ACCOUNTS OF THE J. W. GIBBES STATIONERY COMPANY, 
AMOUNTING TO $77.50. 


[Delivered to Secretary.'] 

1895. 

Sept. 11. 170 legal cap pads @ 15c.$25 50 

1 doz. qts. Carter’s Fluid. 7 00 

2 gross Crown penholders $5. 10 00 

5 gross Esterbrook Falcon pens 75c. 3 75 

1 qt. Carter’s mucilage. 1 00 

2 desk pads and blotters. 1 25 

1 great gross Faber’s assorted bands. 1 75 

1 gross No. 31 Faber’s assorted bands. 50 

5£ doz. shoe strings. 25 

4 boxes assorted paper fasteners. 75 

1 gross Faber’s hexagon gilt pencils. 7 00 

4 gross Dixon’s Cabinet pencils. 2 00 

£ gross Eagle triangular pencils. 2 50 

1 gross Delinar office pencils. 4 50 



















218 


JOURNAL OF PROCEEDINGS, 


[Delivered to Cleric, Committee on Education .] 


Sept. 14. 1 ream legal size typewriter linen.$ 1 35 

1 ream letter size typewriter linen. 1 15 

1 doz. sheets carbon paper. 50 

£ doz. note books. 50 

2 Ramsey’s automatic inkstands @ 50c. 1 00 

-4 50 

[Delivered to Cleric , Committee on Miscellaneous Matters.'] 

Sept. 15. £ ream typewriter linen.$ 50 

£ ream typewriter linen. 70 

- 1 20 

[Delivered to Chief of Engrossing Department.] 

Sept. 18. 1 gross Spencerian pens. $ 1 00 

1 doz. triangular pencils. 50 

2 doz. Delmar pencils. 1 00 

1 pt. Carter’s crimson fluid. 1 25 

- 3 75 

[Delivered to Secretary.] 

Sept. 20. 1 2-line rubber stamp. 30 


$77 50 


Mr. GEORGE JOHNSTONE introduced the following ordinance, 
which was read the first time and referred to the Committee on Coun¬ 
ties and County Government: 

ORDINANCE RELATING TO THE AREA AND FORMATION OF 
COUNTIES, BEING ARTICLE 2 OF THE PRESENT CONSTITU¬ 
TION. 

Be it ordained by the people of the State of South Carolina in Constitu¬ 
tional Convention assembled, That the boundaries of the several Counties 
of this State shall remain as they now are established: Provided , That the 
General Assembly shall have the power at any time to organize new Coun¬ 
ties by changing the boundaries of any of the old ones; but no new County 
shall be hereafter formed of less extent than four hundred and fifty square 
miles, nor shall any existing Counties be reduced to a less extent than five 
hundred and fifty square miles. Each County shall constitute one Election 
District. 

Mr. McGOWAN introduced the following ordinance,which was read 
the first time and referred to the Committee on Jurisprudence : 

AN ORDINANCE FIXING THE AGE OF CONSENT FOR WOMEN. 

Be it ordained by the people of South Carolina, in convention assembled, 
That the following shall constitute Section-of Article-of the Con¬ 

stitution of this State: 




















SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 219 


That no woman shall legally consent to marriage or sexual intercourse 
who shall not have attained the age of sixteen (16) years. 

Mr. BURN introduced the following resolution, which was read the 
first time and referred to the Committee on Education : 

THE ENCOURAGEMENT OF LITERATURE, ETC. 

Be it ordained by the people of South Carolina, in convention assembled: 
Section-, Article-. That the general diffusion of wisdom and knowl¬ 

edge and good morals are essential for the preservation of their rights and 
liberties ; and as these are the result of the advantages and opportunities for 
education throughout the country among all classes and orders of the peo¬ 
ple, it shall be the duty of the Legislature and officials of the State to cher¬ 
ish the interests of literature and the sciences in the public schools of the 
State; to encourage public schools with rewards and immunities for the 
promotion of the arts, of agriculture, commerce, trades, manufactures, and 
the natural history of the State; to teach and inculcate the principles of 
humanity, benevolence, charity, industry, honesty and frugality, punc¬ 
tuality, sincerity, and all noble and generous sentiments among the people. 

Mr. E. J. KENNEDY introduced the following resolution, which 
was read the first time and referred to the Committee on Education : 

A RESOLUTION IN RELATION TO EDUCATION, BEING AMEND¬ 
ATORY OF ARTICLE X OF THE PRESENT STATE CONSTITU¬ 
TION. 

Be it resolved and ordained by the people of South Carolina, in convention 

assembled, That the following provision shall constitute Section-of 

Article-of this State: 

1. The General Assembly shall levy at each regular session after the 
adoption of this Constitution an annual tax of not less than two mills on 
the dollar on all property throughout the State for the support of public 
schools, which tax shall be collected at the same time and by the same 
agents as the general State levy and shall be paid into the State Treasury. 
There shall also be assessed on all taxable polls in this State between the 
ages of twenty-one and sixty years an annual tax of one dollar on each poll, 
the proceeds of which shall be applied solely to the support of the public 
schools. The school tax shall be distributed among the several Counties 
in this State in proportion to the whole number of persons between the ages 
of six and twenty-one years, to be disbursed in the several school districts 
of said Counties as may be provided by the General Assembly; that in ad¬ 
dition thereto all moneys derived from fines imposed for the breach of the 
penal laws of the State, and from all forfeitures which may accrue; all net 
income to be derived to the State from the sale of spirituous, malt, vinous 
or intoxicating liquors, whether the same be derived by license or other¬ 
wise ; the proceeds of all escheated property; all license fees collected under 
the laws of this State from plays, shows or other sources; all donations, 
gifts, devises and grants of property to the State when the purpose of the 



220 


JOURNAL OF PROCEEDINGS, 


gift, grant or devise is not specified; all the waste and unappropriated 
lands belonging to the State, which terms shall include the marsh and tide 
water lands, and all the income to be derived from said lands by leasing 
them, shall be set apart and be and remain forever a perpetual school fund 
for the support of the common schools of this State. All gifts, grants and 
donations of property to the State, all funds derived from escheated prop¬ 
erty and all moneys derived from the sale of the aforesaid lands, if the 
General Assembly should ever deem it best to sell the same, shall be in¬ 
vested and the interest alone shall be appropriated. 

Mr. AUSTIN introduced the following resolution, which was read 
the first time and referred to the Committee on Education : 

RESOLUTION RELATING TO POLL TAX. 

That there shall be imposed on all male citizens between the ages of 
twenty-one and fifty years of age, who are able to perform ordinary manual 
labor, an annual tax of one dollar, which shall be applied to the free public 
school fund of the County, and the General Assembly shall provide for the 
collection of the same, and impose the penalties, fines and forfeitures for 
the non-payment of said tax. 

Mr. MILLER introduced the following resolution, which was read 
the first time and referred to the “Committee on Education : 

A RESOLUTION PROHIBITING THE PASSAGE OF ANY LAW TAX¬ 
ING THE PEOPLE TO SUPPORT SECTARIAN INSTITUTIONS. 

It is admitted herein that it is the right and duty of the State to main¬ 
tain and support institutions of higher education; therefore 

Be it resolved by this Convention: 

1st. That the Legislature shall never pass any law for the purpose of 
founding, maintaining or aiding institutions of learning that are denomina¬ 
tional or sectarian. 

2nd. That the Legislature shall never use the credit of the State or appro¬ 
priate any money for the payment of the support or other expenses of any 
school or institution of higher education which is wholly or in part under 
sectarian or ecclesiastical control. 

Mr. McWHITE introduced the following resolution, which was 
read the first time and referred to the Committee on Education : 

RESOLUTION TO PROVIDE THAT NO MONEY SHALL BE 
DONATED TO ANY SECTARIAN SCHOOL. 

Resolved, That no portion of any fund or tax now existing, or that may 
hereafter be raised or levied for educational purposes, shall be appropriated 
to, or used by or in aid of any church, sectarian or denominational school. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 221 


Mr. W. J. MONTGOMERY introduced the following resolution, 
which was read the first time and referred to the Committee on 
Education : 

A RESOLUTION PROVIDING FOR (1) COMPULSORY ATTENDANCE 
UPON PUBLIC SCHOOLS, (2) A THREE MILLS TAX, AND (3) A 
POLL TAX OF $1.50 FOR THE SUPPORT OF SAID PUBLIC 
SCHOOLS. 

3. The General Assembly shall provide at its first meeting after the 
adoption of this Constitution for a liberal and uniform system of free 
public schools throughout the State, and shall also make provision for the 
division of the State into suitable school districts. 

4. It shall be the duty of the General Assembly to provide for the com¬ 
pulsory attendance at either public or private schools of all children 
between the ages of six and sixteen years not physically or mentally dis¬ 
abled for a term equivalent to twenty-four months at least: Provided, 
There are public schools established where attendance for said term of 
twenty-four months, or any part of it, can be enforced. 

5. The Board of County Commissioners shall levy an annual tax of not 
less than three mills on the dollar upon all the taxable property in their 
respective Counties, which levy shall not be increased unless by special 
enactment of the General Assembly, for the support of the public schools 
in their respective Counties, which tax shall be collected at the same time 
and by the same officers as the other taxes for the same year, and shall be 
held in the County treasuries of the respective Counties, and paid out 
exclusively for the support of public schools, as provided by law. There 
shall be assessed on taxable polls in the State an annual tax of one dollar 
and fifty cents on each poll, the proceeds of which tax shall be applied 
solely to educational purposes, and the failure to pay said poll tax shall 
deprive the person failing to pay the same of the right of suffrage. No 
other poll or capitation tax shall be levied in the State. The school tax 
shall be distributed among the several school districts of the Counties in 
proportion to the average attendance of pupils attending the public schools. 
No religious sect or sects shall have any right to, or any control of, any 
part of the school funds of the State, nor shall sectarian principles be 
taught in the public schools. 

Mr. AUSTIN introduced the following resolution, which was read 
the first time and referred to the Committee on Legislative Depart¬ 
ment : 

RESOLUTION RELATING TO THE CARRYING OF CONCEALED 

WEAPONS. 

That the General Assembly provide for a license to be imposed for the 
carrying of concealed weapons, and the fines and forfeiture for its viola¬ 
tion to be applied to the free common school of the County in such manner 
as the General Assembly shall declare. 






222 


JOURNAL OF PROCEEDINGS, 


Mr. GEORGE JOHNSTONE introduced the following ordinance, 
which was read the first time and referred to the Committee on 
Suffrage: 

ORDINANCE IN RELATION TO SUFFRAGE AND CITIZENSHIP, 
BEING ARTICLE 8 OF THE PRESENT CONSTITUTION. 


Be it ordained by the people of South Carolina, in Constitutional Conven¬ 
tion assembled, That all citizens of the United States who are residents of 
this State shall be citizens of this State, and no person who is not a citizen 
of the United States and of this State shall be entitled to vote or to hold 
any public office. 

Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Legislative De¬ 
partment : 

AN ORDINANCE TO PROVIDE FOR A DEPARTMENT OF ROADS 

AND FORESTRY. 

Be it ordained by the people of South Carolina, etc., The Legislature 
shall, in the exercise of the right of eminent domain, have power to pro¬ 
tect and foster the forests of the State, and to regulate the destruction of 
timber and the planting of trees, so as to preserve the natural resources of 
the State, and to promote favorable climatic conditions, and shall also pro¬ 
vide for a general system of properly located and constructed highways. 
To this end it shall establish a Department of Roads and Forestry. 

Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Legislative De¬ 
partment : 

AN ORDINANCE TO SUPPRESS INDECENT PUBLICATIONS. 

Be it ordained by the people of South Carolina, through their delegates 
in convention assembled, In the interest of innocence and modesty there 
shall be no publication of facts or names in respect to rape or other inde¬ 
cent crime, and parties offending by such publication shall be liable to 
criminal prosecution or to civil action for damages brought by the party 
aggrieved or by any other person, under such conditions as the Legislature 
shall prescribe. 

Mr. OTTS introduced the following ordinance, which was read the 
first time and referred to the Committee on Judicial Department: 

AN ORDINANCE TO ABOLISH THE FEE SYSTEM. 

Be it ordained , That each public officer or person in the service of the 
State or any subdivision thereof shall be paid a stipulated salary; and that 
all fees collected by him shall be paid to the State Treasurer, or to the 
Treasurer of such subdivision as the Legislature may direct. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 223 


Mr. GEORGE JOHNSTONE introduced the following resolution, 
which was read the first time and referred to the Committee on 
Municipal Corporations and Police Regulations: 

ORDINANCE IN RELATION TO CORPORATIONS, BEING ARTICLE 
XII OF THE PRESENT CONSTITUTION. 

Be it ordained by the people of South Carolina, in Constitutional Conven¬ 
tion assembled, That it shall be deemed a part of the charter of every 
corporation created under the provisions of any general law, and of every 
charter granted, renewed or amended by Act or Joint Resolution of. the 
General Assembly, that such charter and every amendment and renewal 
thereof shall always remain subject to amendment, alteration or repeal by 
the General Assembly. 

Mr. McMAHAN introduced the following ordinance, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 

ORDINANCE TO PREVENT DOUBLE TAXATION OF LAND. 

Be it ordained by the people of the State of South Carolina, in convention 
assembled, In order to avoid double taxation on mortgaged lands, mort¬ 
gages on real estate shall be exempt from taxation. 

Mr. GOODING moved to recommit to the Committee on Chari¬ 
table and Penal Institutions. 

No. 17. Report of the Committee on Charitable and Penal Insti¬ 
tutions. 

Which was agreed to. 


GENERAL ORDERS. 

On motion of Mr. STANYARNE WILSON, No. 9. Articles pro¬ 
posed by Committee on Municipal Corporations and Police Regula¬ 
tions, was passed for the present, and the following taken up out of 
its regular order: 

No. 13. Article reported by the Committee on the Executive 
Department. 

Section 1 was read and adopted as a whole. 

Mr. ALDRICH moved to amend as follows : Section 2, line 2, 
strike out the word “two” and insert the word “four,” printed Bill. 

After debate, participated in by Messrs. Aldrich, Efird, Sheppard, 
Bowman, George Johnstone, Me White, Patton and B. R. Tillman, 
the yeas and nays were demanded. 



224 


JOURNAL OF PROCEEDINGS, 


The question being put: “ Will the Convention agree thereto ?” 

it was decided in the negative. 

Yeas, 47 ; nays, 64. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Ashe, Atkinson, Austin, Bar¬ 
ton, Bates, Bellinger, Bowen, Bowman, Buist, Byrd, Connor, Der- 
ham, Doyle, Dudley, Estridge, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Gage, J. L. Glenn, Gunter, Hamel, D. S. Henderson, Houser, 
George Johnstone, McDermotte, McGowan, Patterson, Patton, Per- 
ritte. Prince, J. H. Read, Rogers, Shuler, Jeremiah Smith, Smoak, 
Sprott, Stackhouse, Sullivan, Taylor, G. D. Tillman, A. H. White 
and Woodward.—47. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Barry, Belire, Bryan, Burn, Cantey, Carver, Clayton, DeHay, Den¬ 
nis, Dent, Douglass, Efird, Fraser, Garris, Gary, Gooding, Graham, 
Harrison, Haynsworth, Wm. Henderson, Henry, Hodges, Hutson, T. 
E. Johnson, Wilie Jones, E. J. Kennedy, J. W. Kennedy, Lee, Low- 
man, McCaslan, McKagen, McMahan, McMakin, Me White, Matthews, 
Miller, Mitchell, J. D. Montgomery, Moore, Mower, Murray, Nathans, 
Oliver, Otts, Parler, Redfearn, John Reed, Rosborough, Rowland, 
Sheppard, Singletary, Sloan, Smalls, A. J. Smith, W. C. Smith, 
Talbert, B. R. Tillman, VonKolnitz, Waters, Whipper, Stanyarne 
Wilson and Winkler.—64. 

Mr. SLIGH stated that had he be$n present, he would have voted 
“no” on the amendment proposed by Mr. Aldrich. 

So the Convention refused to agree to the amendment proposed by 
Mr. Aldrich. 

The Section was then adopted as reported by the Committee. 

Mr. MILLER proposed to amend Section 3, line 3, printed Bill, as 
follows: Add to the end of line 3 the words “but once.” 

The question being put, the Convention refused to agree to the 
amendment. 

Mr. McMAHAN proposed to amend Section 2, line 3, printed Bill, 
by inserting the words “and shall not be re-eligible while Governor.” 

The question being put, the Convention refused to adopt the 
amendment. 

Mr. ALDRICH moved to amend as follows : Section 3, lines 3 and 
4, strike out the words “of the United States and a citizen.” 

The question being put, the Convention refused to agree to the 
amendment. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 225 


Section 3 was then adopted as reported by the Committee. 

Sections 4, 5, 6, 7 and 8 were adopted as reported by the Commit¬ 
tee. 

Section 9 was taken up, and after discussion, on motion of Mr. 
GEORGE JOHNSTONE, was passed for the present. 

Section 10 w T as adopted as reported by the Committee. 

Section 11 was taken up. 

Mr. ROGERS proposed to amend as follows, printed Bill: Amend 
Section 11, beginning on line 10, after the word “provide,” so that 
the remainder of the Section shall read as follows : “The Governor 
may adopt or decline the recommendation of said Board, but he shall 
in no case grant a pardon save upon recommendation of a majority of 
said Board.” 

On motion of Mr. EFIRD, the amendment proposed by Mr. Rogers 
was laid on the table. 

Mr. SHEPPARD moved to amend as follows : Strike out “ Comp¬ 
troller” in line 8, and insert “Attorney.” 

On motion of Mr. EFIRD, the amendment proposed was laid on 
the table. 

Mr. GEORGE JOHNSTONE moved the following as a substitute 
for the Section proposed by the Committee : 

Section 11. He shall have power to grant reprieves and pardons 
after conviction (except.in cases of impeachment) in such manner, on 
such terms, and under such restrictions as he shall think proper ; and 
he shall have power to remit fines and forfeitures, unless otherwise 
directed by law. It shall be his duty to report to the General Assem¬ 
bly, at the next regular session thereafter, all pardons granted by him, 
with a full statement of each case, and the reasons moving him 
thereto. 

Mr. SHEPPARD moved to indefinitely postpone the substitute of 
Mr. Johnstone, which was agreed to. 

Mr. DERHAM moved the following amendment: 

Amend Section 11, line 8, by striking out all after the word “par¬ 
dons ” down to and including the word “ penitentiary,” and insert in 
lieu thereof, “ to be provided by the General Assembly.” 

The pending question being the amendment proposed by Mr. Der- 
ham, the Convention, on motion of Mr. MOWER, at 3:05 P. M., 
adjourned till 11 A. M. to-morrow. 

15—500 




226 


JOURNAL OF PROCEEDINGS, 


THIRTEENTH DAY. 


Tuesday, September 24, 1895. 


The Convention assembled at 11 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 

Mr. GEORGE JOHNSTONE moved that an ordinance in relation 
to corporations, being Article 12 of the present Constitution, which 
has been read the first time and referred to the Committee on Munici¬ 
pal Corporations and Police Regulations, be referred to the Committee 
on Corporations. 

Agreed to. 

Mr. OTTS moved the following : 

Whereas the Committee on Counties and County Government has been 
increased from eleven to twelve members, an even number, by order of this 
Convention, which has frequently caused a deadlock, and now a permanent 
deadlock. Therefore, 

Be it resolved , That the Hon. J. W. Floyd, of Kershaw, be added to the 
Committee on Counties and County Government. 

Mr. AUSTIN moved the following substitute : 

Whereas the Committee on Counties and County Government is com¬ 
posed of twelve members; whereas with this number the Committee is 
unable to agree. Therefore, be it 

Besolved, That the President of this Convention be authorized to add an 
additional member to said Committee. 

Mr. BREAZEALE moved the following as a substitute for the sub¬ 
stitute and original, which was considered immediately and agreed to : 

Besolved, That the Committee on Counties and County Government be 
authorized to submit two reports, as said Committee is composed of an 
even number and as the said Committee report that they are evenly divided. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 227 


The PRESIDENT proceeded to call by Counties for memorials, 
petitions and such like papers. 

On motion of Mr. GRAY, the call by Counties was dispensed with. 
RESOLUTIONS. 

Mr. BREAZEALE offered the following, which was considered 
immediately and unanimously adopted by a rising vote : 

Resolved, That the members of this Convention have heard with deep 
regret of the death of a daughter of one of the Vice-Presidents, Hon. Ira 
B. Jones, and extend to him their sympathies, and express the hope that 
his wife, who is also sick, will soon be restored to health. 

Resolved, further, That the Convention regrets the unavoidable absence of 
Mr. Jones, and that they cannot have the benefit of his wise counsels and 
advice. 

’Mr. WIIjIE JONES moved the following, which was considered 
immediately and agreed to : 

Resolved, That the Secretary of the Convention be allowed an extra sum 
of $50 for stationery required for the use of the Convention and the several 
Committees. 

REPORTS OF STANDING COMMITTEES. 

Mr. BELLINGER, from the Committee on Corporations, submitted 
the following, which was considered immediately and agreed to : 

To the Constitutional Convention: 

The Committee on Corporations, to whom were referred “An ordinance 
to regulate the extension of corporate limits of cities, towns and villages,” 
and “An ordinance to provide for the location of incorporated cities, towns 
and villages so that all portions of each respectively shall be in the same 
County,” respectfully report that they have considered the same and recom¬ 
mend that the same be referred to the Committee on Municipal Corpora¬ 
tions and Police Regulations, and, further, that this Committee be relieved 
of the further consideration of said ordinances. 

Mr. COOPER, for the Committee on Impeachments, submitted the 
following, which was ordered to lie over for consideration to-morrow : 

The Committee on Impeachments, to whom was referred Article VI of the 
Constitution proposed by the Hon. Robert Aldrich, beg leave to report 
that they have carefully considered the same and recommend that it do not 
pass. 

The Committee further recommend that Article VII of the present State 
Constitution, which is as follows: 




228 


JOURNAL OF PROCEEDINGS, 


ARTICLE VII. 

IMPEACHMENTS. 

Section 1. The House of Representatives shall have the sole power of 
impeachment. A vote of two-thirds of all the members elected shall be 
required for an impeachment, and any officer impeached shall thereby be 
suspended from office until judgment in the case shall have been pro¬ 
nounced. 

Section 2. All impeachments shall be tried by the Senate, and when sit¬ 
ting for that purpose they shall be under oath of affirmation. No person 
shall be convicted except by a vote of two-thirds of all the members 
elected. When the Governor is impeached the Chief Justice of the Su¬ 
preme Court, or the senior Judge, shall preside, with a casting vote in all 
preliminary questions. 

Section 3. The Governor and all other executive and judicial officers 
shall be liable to impeachment; but judgment in such case shall not extend 
further than removal from office. The persons convicted shall, neverthe¬ 
less, be liable to indictment, trial and punishment according to law. 

Section 4. For any willful neglect of duty, or other reasonable cause, 
which shall not be sufficient ground of impeachment the Governor shall 
remove any executive or judicial officer on the address of two-thirds of 
each House of the General Assembly: Provided , That the cause, or 
causes, for which said removal may be required shall be stated at length 
in such address, and entered on the journals of each House : And provided, 
further, That the officer intended to be removed shall be notified of such 
cause or causes, and shall be admitted to a hearing in his own defense, 
before any vote for such address ; and in all cases the vote shall be taken 
by yeas and nays, and be entered on the journals of each House respect¬ 
ively— 

be retained as Article-of the Constitution now under consideration. 

Respectfully submitted, 

M. R. COOPER, Chairman. 

GENERAL ORDERS. 

The PRESIDENT requested that Report (No. 15) (favorable) of 
the Committee on Contingent Accounts and Expenses on the account 
($404.36) of Charles A. Calvo, Jr., for printing done for the Conven¬ 
tion, be taken up out of its regular order; which was agreed to. 

The favorable report of the Committee was adopted and the account 
ordered to be paid. 


UNFINISHED BUSINESS. 

The Convention proceeded to the consideration of Mr. Derham's 
amendment: 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 229 


Amend Section 11, line 8, by striking out all after the word “pardons,” 
down to and including the word “penitentiary,” and insert in lieu thereof, 
“to be provided by the General Assembly.” 

After debate, participated in by Messrs. Derham, Montgomery and 
B. R. Tillman, the question being put, the Convention agreed to the 
amendment proposed, and the Section was adopted as amended. 

Mr. EFIRD moved to recur to Section 9, which was agreed to. 

Mr. EFIRD moved to amend Section 9, line 3, of printed Bill, by 
striking out the words “succeed to,” and insert in lieu thereof the 
words “perform the duties of;” which was agreed to. 

Also, in line 6, same Section, strike out the words “succeed to,” 
and insert in lieu thereof the words “perform the duties of;” which 
was agreed to. 

The Section as amended was adopted. 

Mr. TIMMERMAN moved to reconsider the vote whereby the 
Convention indefinitely postponed the substitute proposed by Mr. 
Geo. Johnstone yesterday to Section No. ^1. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 64 ; nays, 76. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Atkinson, Barton, Bates, Behre, 
Bowen, Brezeale, J. S. Brice, Buist, Carver, Connor, DeHay, Dennis, 
Derham, Doyle, Dudley, Ellerbe, W. D. Evans, Farrow, Fitch, Gage, 
Gary, J. L. Glenn, Harris, Hemphill, D. S. Henderson, Hodges, 
Jervey, George Johnstone, Keitt, E. J. Kennedy, Lee, McDermotte, 
McGowan, McKagen, McMakin, Mitchell, Mower, Murray, Nash, 
Oliver, Parrott, Patterson, Prince, Redfearn, John Reed, Rogers, 
Smalls, Jeremiah Smith, R. F. Smith, Smoak, Sprott, Stackhouse, 
Stribling, Taylor, Timmerman, VonKolnitz, Wells, A. II. White, 
Wigg, W. B. Wilson and Woodward.—64. 

Those who voted in the negative are: 

Nays—Hon. John Gary Evans, President, and Messrs. Ashe, Austin, 
Barker, Barry, Bellinger, Bobo, Bowman, T. W. Brice, Burn, Byrd, 
Cantey, Clayton, Cooper, Cunningham, Dent, Douglass, Efird, Est- 
ridge, Field, Floyd, Fraser, Garris, Gilland, Gooding, Graham, Gray, 
Gunter, Hamel, Harrison, Hay, Haynsworth, Howell, Houser, Irby, T. 
E. Johnson, Wilie Jones, J. W. Kennedy, Klugh, Lowman, Lybrand, 
McCalla, McCaslan, McMahan, McWhite, Matthews, Meares, Miller, 
J. D. Montgomery, W. J. Montgomery, Moore, Nathans, Nicholson, 
Otts, Parler, Patton, Peake, Perritte, Ragsdale, J. H. Read, Ros- 



230 


JOURNAL OF PROCEEDINGS, 


borough, Rowland, Russell, Sheppard, Shuler, Singletary, Sligh, 
Sloan, A. J. Smith, Sullivan, Talbert, B. R. Tillman. G. D. Tillman, 
Waters, Wharton, Stanyarne Wilson and Winkler.—76. 

Mr. MEARES moved the following as a substitute for Section 11, 
report of Committee on the Executive Department : 

He shall have power to grant reprieves, commutations and pardons after 
conviction (except in cases of impeachment) in such manner, on such terms 
and under such restrictions as the General Assembly shall prescribe; and 
he shall have power to remit fines and forfeitures, unless otherwise 
directed by law. 

It shall be his duty to report to the General Assembly, at the next reg¬ 
ular session thereafter, all pardons granted, with a full statement of each 
case, and the reasons moving thereunto. 

The question being put, the Convention refused to adopt the sub¬ 
stitute. 

Mr. DERHAM proposed to amend Section 11, on page 5 of printed 
Bill, by striking out all after the word “provide” on line 10. 

On motion of Mr. EFIRD, the proposed amendment was laid on 
the table. 

Section 11 as amended was adopted. 

Section 12 was adopted as reported by the Committee. 

Mr. ROGERS moved the following as a substitute for Section 13 : 

The Governor shall receive as compensation an annual salary of $3,000 
and the Lieutenant Governor an annual salary of $500. 

The question being put, the Convention refused to agree to the sub¬ 
stitute. 

Section 13 was then adopted as reported by the Committee. 

Mr. B. R. TILLMAN moved to amend Section 14, line 4, by strik¬ 
ing out the word “itemed” and inserting in lieu thereof the word 
“itemized,” which was agreed to. The Section as amended was 
adopted. 

Sections 15, 16, 17, 18, 19 and 20 were adopted as reported by the 
Committee. 

Section 21. Mr. B. R TILLMAN moved to amend by striking out 
the words at end of line 3, “except in case of contagion,” and insert¬ 
ing the same words in line 1 after the word “State;” which was 
agreed to. The Section as amended was adopted. 

Section 22. Mr. EFIRD, for the minority of the Committee, pro¬ 
posed the following as Section 22 : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 231 


Section 22. The Governor shall have the right to investigate, or to order 
an investigation of, all embezzlements or appropriations of public funds to 
private use by any County officer entrusted with the care and disbursement 
thereof; and in case of a prima facie showing of embezzlement, or appro¬ 
priation of funds to private use, he may suspend such officer pending a 
judicial investigation, and appoint some suitable person to perform the 
duties of such officer during such judicial investigation, and in case of con¬ 
viction such appointment shall continue for the unexpired term. 

Mr. HAYNSWORTH moved to amend by striking out words “and 
in” on ninth line, also lines 10, 11, 12, 13 and 14, and insert: “And 
in case of his being held by the committing officer to answer the 
charge before a court authorized to try the same, the Governor may, 
upon the recommendation of the Judge of the Circuit where the 
officer resides, suspend such officer pending a judicial investigation, 
and appoint some suitable person to perform the duties of such officer 
during such judicial investigation, and in case of conviction such 
appointment shall continue for the unexpired term.” 

Mr. GEO. JOHNSTONE moved the following as a substitute for 
the amendment of Mr. Haynsworth : 

Whenever a bill of indictment by a Grand Jury shall have been found 
against any County officer entrusted with the care anddisbursment of pub¬ 
lic funds, charging him with the embezzlement of said funds, or the appro¬ 
priation of them to private use, the Governor may suspend said officer 
pending the trial of said officer, and shall appoint some suitable person to 
perform the duties of such officer. 

The question being put, the Convention refused to agree to the sub¬ 
stitute. 

On motion of Mr. TALBERT, the amendment proposed by Mr. 
Haynsworth was laid on the table. 

After debate, participated in by Messrs. Efird, Gray, Lee, George 
Johnstone, Ragsdale, Parrott, Haynsworth, Talbert, B. R. Tillman, 
W. B. Wilson, Prince, Sheppard, Connor and W. D. Evans, 

Mr. GAGE moved the following as a substitute for the proposed 
Section 22 relating to the Executive Department: 

Whenever it shall be brought to the notice of the Governor that any 
County officer, or any other officer who has the custody of public or trust 
funds, is probably guilty of embezzlement or the appropriation of public or 
trust funds to private use, then the Governor shall direct the immediate 
prosecution of such officer by the proper officer of the Circuit in which he 
resides, and upon true bill found the Governor shall suspend such officer 
and appoint one in his stead until he shall have been acquitted by the 
verdict of a jury. 



232 


JOURNAL OF PROCEEDINGS, 


Which was agreed to. 

On motion of Mr. EFIRD, the further consideration of Section 22 
was postponed until to-morrow. 

Mr. GRAY moved that when this Convention adjourns it stand 
adjourned till 10 A. M. to-morrow ; which was agreed to. 

On motion of Mr. STANYARNE WILSON, the Convention, at 
2:50 P. M., adjourned till 10 A. M. to-morrow. 


FOURTEENTH DAY. 


Wednesday, September 25, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 

Mr. McCOWN asked and obtained indefinite leave of absence for 
Mr. Gamble, of Williamsburg, on account of sickness in his family. 

Mr. J. S. BRICE, at 11 A. M., asked and obtained leave of absence 
for balance of the day. 

Mr. E. J. KENNEDY, at 10:30 A. M., asked and obtained leave of 
absence for Mr. Taylor for the day. 

Mr. HAMEL asked and obtained indefinite leave of absence for Mr. 
Estridge on account of sickness. 

Mr. DERIPAM asked and obtained indefinite leave of absence for 
Mr. McDermotte on account of death in his family. 

REPORTS OF STANDING COMMITTEES. 

Mr. STANYARNE WILSON, for the Committee on Judicial De¬ 
partment, submitted the following unfavorable report : 

The Committee on Judicial Department, to whom was referred an ordi¬ 
nance to provide compensation by exemplary damages for death resulting 
from willful act, omission or gross negligence, respectfully report that 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 233 


they have carefully considered the same, and recommend that the same he 
not adopted, the subject thereof being purely legislative. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 

The unfavorable report of the Committee was considered imme¬ 
diately and the resolution rejected. 

Also, the following unfavorable report: 

The Committee on Judicial Department, to whom was referred a resolu¬ 
tion relating to insurance companies, respectfully report that they have 
carefully considered the same, and recommend that the same be not 
adopted, the subject thereof being purely legislative. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 

Which was considered immediately and the resolution rejected. 

Also, the following unfavorable report : 

The Committee on Judicial Department, to whom was referred an ordi¬ 
nance relating to contracts between employers and employes, respectfully 
report that they have carefully considered the same, and recommend that 
the same be not adopted, the subject thereof being purely legislative. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 

Which was considered immediately and the resolution rejected. 

Also, the following unfavorable report: 

The Committee on Judicial Department, to whom was referred an 
ordinance relating to the age of consent, respectfully report that they 
have carefully considered the same, and recommend that the same be not 
adopted, the subject thereof being purely legislative. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 

Which was considered immediately and the resolution rejected. 

Also, the following unfavorable report: 

The Committee on Judicial Department, to whom was referred an 
ordinance relating to the granting of free passes, respectfully report that 
they have carefully considered the same, and recommend that the same be 
not adopted, the subject thereof being purely legislative. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 




234 


JOURNAL OF PROCEEDINGS, 


Which was considered immediately and the resolution rejected. 

Mr. SLIGH, for the Committee on Legislative Department, sub¬ 
mitted the following unfavorable report: 

The Committee on Legislative Department, to whom was referred the 
following resolutions— 

Resolution by Mr. Otts, Journal, 9th day, page 18, on concealed weapons ; 

Resolution by Mr. Estridge, Journal, 6th day, page 4, prohibiting corpo¬ 
ration attorneys holding office; 

Resolution by Mr. Moore, Journal, 10th day, page 6, publication of city 
and town affairs,— 

Respectfully report that they have carefully considered the same, and 
recommend that, they being purely legislational, we have reported them 
unfavorably, and return them to the Convention. 

All of which is respectfully submitted. 

J. A. SLIGH, Chairman, 

For Committee. 

Which was considered immediately and the resolutions rejected. 

Also the following unfavorable report: 

The Committee on Legislative Department, to whom was referred the fol¬ 
lowing resolutions: 

Resolution by Mr. Aldrich, Journal, 4th day, page 22; 

Resolution by Mr. Hamel, Journal, 10th day, page 9—Homestead ; 

Resolution by Mr. Wharton, Journal, 4th day, page 2—Elections and terms 
of office; 

Resolution by Mr. Kennedy, Journal, 9th day, page 17—Limiting the term 
of office; 

Resolution by Mr. D. S. Henderson, Journal, 2d day, page 2—Oaths to be 
taken by officers— 

Respectfully report that they have carefully considered the same, and 
report them back to the Convention with an unfavorable report, having 
incorporated Articles covering the same subjects in our former report 
under Article 2 of the present Constitution. 

All of which is respectfully submitted. 

J. A. SLIGH, Chairman, 

For Committee. 

Which was considered immediately and the resolutions rejected. 

Mr. GOODING, for the Committee on Charitable and Penal Insti¬ 
tutions, submitted the following : 

The Committee on Charitable and Penal Institutions ask leave to report: 

That they have carefully considered the various resolutions referred to 
them on the subject of charities and penal matters, and herewith return to 
the Convention the following resolutions submitted to them, after incor¬ 
porating such portions as seemed to them proper in an Article for the Con¬ 
stitution : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 235 


By Mr. W. F. Clayton, to regulate working of convicts; September 17, 
page 11. 

By Mr. McWhite, to provide punishment, penal institutions and public 
charities; September 17, page 5. 

By Mr. Gooding, proposed Article on charitable and penal institutions; 
September 17, page 6 of Journal. 

By Mr. Glenn, to provide for the really destitute; September 13, page 9 
of Journal. 

By Mr. Buist, to amend Article 11, Section 1; September 12, page 11. 

By Mr. W. B. Wilson, for the establishment and maintenance of a 
reformatory; September 18, page 18 of Journal. 

W. J. GOODING, 
Chairman of Committee. 

Which was considered immediately and adopted. 

Mr. STANYARNE WILSON", for the Committee on Judicial De¬ 
partment, submitted the following report: 

The Committee on Judicial Department, to whom was referred a resolu¬ 
tion relating to the ineligibility of Senators and Representatives as to 
holding other offices of profit, respectfully report that they have carefully 
considered the same, and recommend that they be discharged from the 
further consideration thereof, and that the same be referred to the Com¬ 
mittee on Legislative Department. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 


Which was considered immediately and adopted. 

Mr. SHEPPARD moved to lay on the table the resolution reported 
by the Committee, to be taken up in connection with the report of 
the Committee on Legislative Department; which w r as agreed to. 

Mr. W. D. EVANS, for the Committee on Finance and Taxation, 
submitted the following unfavorable report: 

The Committee on Finance and Taxation, to whom was referred— 

1. Proposed Article 10 of the Constitution, by Mr. Aldrich, page 35 of the 
Journal, September 13; 

2. Proposed Article 13 of the Constitution, by Mr. Aldrich, page 36 of the 
Journal, September 13; 

3. Resolution of Mr. Hodges as to school tax, page 1 of the Journal, Sep¬ 
tember 13; 

4. Resolution of Mr. Moore as to sale of land for taxes, page 13 of the 
Journal, September 13; 

5. Resolution of Mr. Read as to date of the fiscal year, page 3 of the Jour¬ 
nal, September 14; 

6. Resolution of Mr. Evans as to collection of taxes, page 3 of the Jour¬ 
nal, September 14; 



236 


JOURNAL OF PROCEEDINGS, 


7. Resolution of Mr. Evans as to bonded debt, page 13 of the Journal, 
September 17; 

8. Resolution of Mr. Henderson as to issue of State bonds, page 11 of the 
Journal, September 17; 

9. Resolution of Mr. Lowman as to bonded debt, page — of the Journal, 
September 19; 

10. Resolution of Mr. McMahan as to the State’s lien for taxes, page — 
of the Journal, September 21; 

11. Resolution of Mr. Wigg as to separate account of taxes for white and 
colored, page — of the Journal, September 18; 

Respectfully report that they have carefully considered the same, and 
recommend that they be not adopted. 

All of which is respectfully submitted. 

W. D. EVANS, 

For Committee. 

Which was considered immediately and agreed to, with the excep¬ 
tion of No. 8, the resolution of Mr. Henderson, as to the issue of 
State bonds, which was ordered for consideration to-morrow. 

Mr. STANYARNE WILSON, for the Committee on Judicial 
Department, submitted an unfavorable report on an ordinance relat¬ 
ing to the concurrence of the whole number of a jury; which was 
ordered for consideration to-morrow. 

Also, an unfavorable report on a resolution to amend Article 5 of 
the Constitution, in relation to murder and manslaughter; which was 
ordered for consideration to-morrow. 

Also, an unfavorable report on a petition from the Women’s Chris¬ 
tian Temperance Union of Charleston relating to the age of consent; 
which was ordered for consideration to-morrow. 

Also, an unfavorable report on an ordinance to abolish the fee 
system ; which was ordered for consideration to-morrow. 

Mr, GOODING, from the Committee on Charitable and Penal 
Institutions, submitted the following report: 

The Committee on Charitable and Penal Institutions respectfully report 
the following, consisting of nine Sections, and recommend its adoption as 
Article — of the Constitution of the State of South Carolina: 

CHARITABLE AND PENAL INSTITUTIONS. 

Section 1. Institutions for the care of the insane, blind, deaf and dumb 
and the poor shall always be fostered and supported by this State, and shall 
be subject to such regulation as the General Assembly may enact. 

Section 2. The Superintendent of the State Hospital for the Insane, who 
shall be a physician, and the Regents thereof, shall be appointed by the 
Governor, by and with the advice and consent of the Senate, and upon all 
nominations made by the Governor the question shall be taken by yeas and 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 237 


liny8 and entered upon the journal. All other physicians, officers and 
employees of the Hospital shall he appointed by the Regents, unless other¬ 
wise ordered by the General Assembly. 

Section 3. The respective Counties of this State shall make such provi¬ 
sion as may be determined by law for all those inhabitants who, by reason 
of age, infirmities and misfortunes, may have a claim upon the sympathy 
and aid of society. 

Section 4. The Directors of the benevolent and other State institutions 
which may be hereafter created shall be appointed or elected as the Gen¬ 
eral Assembly may direct. 

Section 5. The Directors of the Penitentiary shall be appointed or 
elected as the General Assembly may direct. 

Section 6. All convicts sentenced to hard labor by any of the Courts in 
this State may be employed upon the public works of the State or Counties 
and upon the public highways. 

Section 7. The Comptroller General, Secretary of State and Superintend¬ 
ent of Education, with - citizens of this State, to be appointed by 

the Governor, shall constitute a State Board of Charities. They shall ap¬ 
point a Secretary, whose compensation shall be fixed by law, at the next 
session of the General Assembly after the adoption of this Constitution. 
It shall be the duty of the Secretary to visit and inspect all the charitable 
and penal institutions of the State, including County and municipal jails 
and prisons, and report to the Board, who shall report annually to the Gen¬ 
eral Assembly as to their actual condition. Said Board shall have no execu¬ 
tive power. 

Section 8. Provision may be made by the General Assembly for the 
establishment and maintenance by the State of a Reformatory for juvenile 
offenders separate and apart from hardened criminals. 

Section 9. The Governor shall have power to fill all vacancies that may 
occur in the offices aforesaid until the next session of the General Assem¬ 
bly and until a successor or successors shall be appointed and confirmed. 

Which was ordered for consideration to-morrow. 

Mr. W. D. EVANS, for the Committee on Finance and Taxation, 
submitted the following report, which was considered immediately 
and adopted : 


The Committee on Finance and Taxation, to whom was referred— 

1. Resolution of Mr. W. T. Field as to the State lending its credit. It has 
not been printed. 

2. Resolution of Mr. J. M. Sullivan as to income tax. Not printed. 

3. Resolution of Mr. J. M. Sullivan as to common school fund. Page 4 of 
Journal, September 14. 

4. Resolution of Mr. Buist as to denominational institutions. Page 9 of 
Journal, September 17. 

Respectfully report that they have carefully considered the same, and 
have embodied them, in whole or in part, in the Article of the Constitution 
on Finance and Taxation which the Committee has reported to the Con¬ 
vention. 

All of which is respectfully submitted. 

W. D. EVANS, 

For Committee. 






238 


JOURNAL OF PROCEEDINGS, 


GENERAL ORDERS. 

Unfinished Business. 

The Convention proceeded to the consideration of Section 22, 
Calendar No. 13. 

Whenever it shall he brought to the notice of the Governor that any 
County officer, or any other officer who has the custody of public or trust 
funds, is probably guilty of embezzlement or the appropriation of public or 
trust funds to private use, then the Governor shall direct the immediate 
prosecution of such officer by the proper officer of the Circuit in which he 
resides, and upon true bill found the Governor shall suspend such officer 
and appoint one in his stead until he shall have been acquitted by the 
verdict of a jury. 

Mr. J. L. GLENN moved to amend by adding to the end of the 
Section the following words : “And in case of conviction the office 
shall be declared vacant, and the vacancy filled as may be provided 
by law.” 

Which was agreed to. 

Mr. EFIRD moved to amend as follows : Strike out on printed 
resolution on lines 5 and 6 the words “of the Circuit in which he 
resides.” 

Which was agreed to. 

Mr. HOWELL moved to amend as follows : Amend by inserting 
the words “by affidavit,” after the word “ Governor” on line one. 

Which was agreed to. 

After debate, participated in by Messrs. J. L. Glenn, Talbert, 
Sheppard, Timmerman, Klugh, Parrott, Burn, Ragsdale, Rogers, 
Connor, Efird, Stanyarne Wilson and B. R. Tillman, 

Mr. TALBERT moved to indefinitely postpone the whole matter. 

The question being put : “Will the Convention agree thereto?” 
it was decided in the negative. 

The yeas and nays were requested and are as follows : 

Yeas, 55 ; nays, 85. 

Those who voted in the affirmative are : 

Yeas—Messrs. Barton, Bates, Bellinger, Berry, Bowen, Bryan, 
Buist. Byrd, Carver, Dellay, Dennis, Derham, Doyle, Ellerbe, Far¬ 
row, Gilland, Gray, Hay, Hemphill, D. S. Henderson, Wm. Hender¬ 
son, Henry, Howell, Jervey, T. E. Johnson, George Johnstone, E. 
J. Kennedy, Klugh, Lee, McGowan, McKagen, Miller, Mitchell, J. 
D. Montgomery, W. J. Montgomery, Murray, Nathans, Oliver, Par- 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 239 


ler, J. H. Read, Rogers, Sheppard, Smalls, A. J. Smith, Jeremiah 
Smith, Stackhouse, Stribling, Talbert, Taylor, VonKolnitz, Watson, 
Wells, Wharton, A. H. White, and W. B. Wilson.—55. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Atkinson, Austin, Barry, Behre, Bobo, 
Bowman, Breazeale, T. W. Brice, Burn, Cantey, Clayton, Connor, 
Cooper, Cunningham, Dent, Douglass, Dudley, Efird, W. D. Evans, 
Field, Fitch, Floyd, Fraser, Gage, Garris, Gary, J. L. Glenn, J. P. 
Glenn, Gooding, Graham, Gunter, Hamel, Harris, Haynsworth, 
Hodges, Houser, Hutson, Irby, Wilie Jones, Keitt, J. W. Kennedy, Low- 
man, Lybrand, McCalla, McCaslan, McCown, McMahan, Matthews, 
Meares, Moore, Mower, Nash, Nicholson, Otts, Parrott, Patterson, 
Patton, Peake, Perritte, Prince, Ragsdale, Redfearn, I. R. Reed, Ros- 
borough, Rowland, Russell, Shuler, Singletary, Sligh, Sloan, R. F. 
Smith, Smoak, Sprott, Sullivan, B. R. Tillman, Timmerman, Waters, 
Stanyarne Wilson, Winkler, and Woodward.—85. 

Mr. STANYARNE WILSON moved the previous question on the 
whole matter. 

The Section as amended was adopted. 

Mr. DERHAM moved to reconsider Section 11; which was 
agreed to. 

Mr. DERHAM moved to amend line 7, printed Bill, by striking 
out the word “shall” and inserting the word “may;” which was 
agreed to. 

Mr. DERHAM moved that Sections 22 and 23 be 23 and 24, re¬ 
spectively ; which was agreed to. 

Section 23 was adopted as reported by the Committee. 

Section 24. Mr. WINKLER moved to amend as follows : Online 
5 after the word “law” add the following words : “ The compensa¬ 

tion of such officers shall be neither increased nor diminished during 
the period for which they shall have been elected ;” which was 
agreed to. 

Mr. PRINCE moved to amend as follows : On 4th line by insert¬ 
ing just after the word “years” the following: “and until their 
several successors have been chosen and qualified;” which was 
agreed to. 

Mr. BREAZEALE moved to amend as follows : Strike out the 
word “ two ” on the 4th line and insert the word “four.” 

On motion of Mr. SHEPPARD, the amendment of Mr. Breazeale 
was laid on the table. 

Section 24 as amended was adopted. 



240 


JOURNAL OF PROCEEDINGS, 


The report of the Committee on Executive Department, Calendar 
No. 13, was adopted as a whole as amended, and ordered engrossed 
for a third reading. 

The Convention proceeded to the consideration of No. 9—Articles 
proposed by Committee on Municipal Corporations and Police Regu¬ 
lations. 

Mr. BARKER moved to amend Section 1 as follows : To strike out 
after the words “ charters may ” the words “ abandon the same and 
reorganize under the general laws of the State,” and substitute the 
following words: “ May reorganize under the general laws of the 
State, and when so reorganized their special charters shall cease and 
determine ;” which was agreed to. 

After discussion, on motion of Mr. B. R. TILLMAN, the Section 
as amended was recommitted to the Committee. 

Section 2, on motion of Mr. B. R. TILLMAN, was recommitted 
to the Committee. 

Section 3 was adopted as reported by the Committee. 

Section 4. Mr. BARKER moved to amend as follows : Strike 
out the words “first obtaining,” on line 4, of Section 4, and insert 
the following words : “ requiring the grantee of such right to obtain ;” 
which was agreed to. 

Mr. PATTERSON moved to indefinitely postpone Section 4. 

The question being put, the Convention refused to indefinitely post¬ 
pone. 

The Section as amended was adopted. 

Section 5. On motion of Mr. SLOAN, and after debate, participated 
in by Messrs. Sloan, Buist, Henderson and Ragsdale, the Section was 
stricken out. 

Section 6. Mr. PRINCE moved to amend as follows : By inserting, 
on line two, after the word “light,” the words “for public purposes,” 
and on same line, immediately before the word “furnish,” insert the 
word “incidentally.” 

On motion of Mr. HENDERSON, the amendment was laid on the 
table. 

Mr. WELLS moved to amend by adding the following to the end of 
the Section : “ Provided, That no such construction or purchase shall 
be made, except upon a majority vote of the electors in said cities or 
towns who are qualified to vote on the bonded indebtedness of said 
cities or towns ;” which was agreed to. 

The Section as amended was adopted. 

Section 7. Mr. RAGSDALE moved to amend as follows : Strike 
out on line 3 of Section 7 the words “ presiding officer of;” which was 
agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 241 


Mr. GEO. JOHNSTONE moved to amend as follows : “Provided , 
The accused be first given the right to demand and have given him a 
trial by a jury.” 

After debate, participated in by Messrs. Johnstone, Prince, Patter¬ 
son, Evans and Henderson, 

Mr. HENDERSON moved to lay the amendment on the table. 

The question being put: “ Will the Convention agree thereto?” it 

was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 85 ; nays, 48. 

Those who voted in the affirmative are : 

Yeas—Hon. Jno. Gary Evans, President, and Messrs. Alexander, 
Ashe, Austin, Barker, Bates, Bellinger, Berry, Bowman, Buist, 
Clayton, Connor, Cunningham, DeHay, Dent, Derham, Douglass, 
Doyle, Efird, Gage, Garris, Gilland, J. L. Glenn, J. P. Glenn, Gra¬ 
ham, Gray, Gunter, Harris, Hay, Hemphill, D. S. Henderson, Wm. 
Henderson, Houser, Wilie Jones, Keitt, J. W. Kennedy, Klugh, Lee, 
Lowman, Lybrand, McCalla, McCaslan, McGowan, McKagen, Mc¬ 
Mahan, McMakin, McWhite, Matthews, Meares, Mitchell, W. J. Mont¬ 
gomery, Moore, Morrison, Murray, Nash, Nathans, Nicholson, Otts, 
Patterson, Peake, Prince, Ragsdale, Redfearn, Rosborough, Rowland, 
Russell, Shuler, Sloan, A. J. Smith, Sprott, Stackhouse, Stribling, 
Sullivan, Talbert, B. R. Tillman, Timmerman, Wells, Wharton, A. H. 
White, Wiggins, Stanyarne Wilson, W. B. Wilson, and Woodward.—83. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Anderson, Atkinson, Barry, Barton, Bobo, 
Bowen, T. W. Brice, Bryan, Burn, Byrd, Cantey, Dennis, Dudley, 
Ellerbe, W. D. Evans, Farrow, Field, Fitch, Fraser, Gooding, Hayns- 
worth, Henry, Hodges, Howell, Hutson, Irby, Jervey, T. E. John¬ 
son, George Johnstone, E. J. Kennedy, McCown, McWhite, Miller, 
J. D. Montgomery, Mower, Parler, Parrott, Perritte, J. H. Read, 
John Reed, Rogers, Sheppard, Singletary, Sligh, Smalls, Jeremiah 
Smith, R. F. Smith, G. D. Tillman, Waters, Whipper, and Wigg.—54. 

Mr. JEREMIAH SMITH moved that the following be added to 
the end of Section 7 : “Provided, The defendant in all causes, on de¬ 
mand, shall have the right to a trial by jury of at least six.” 

After debate, participated in by Messrs. Jeremiah Smith, Aldrich, 
Otts, Bellinger, Burn, Henderson, Fitch, Haynsworth, Bowman and 
Montgomery, the amendment was agreed to. 

Mr. HUTSON offered the following as a substitute for Section 7 as 
amended: 

16—500 




242 


JOURNAL OF PROCEEDINGS, 


The General Assembly is authorized and empowered to provide suitable 
legislation for the organization of municipal Courts, their powers and 
duties, including the right of appeal in all cases, civil and criminal, which 
in their judgment is proper. 

Mr. SHEPPARD moved that the Convention recede from business 
until 8 P. M. this day. 

Mr. D. S. HENDERSON moved that the Convention do now 
adjourn. 

The question being put: “Will the Convention agree thereto?” 
it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 69 : nays, 67. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Ashe, Austin, Bates, 
Bellinger, Bowen, Bryan, Cunningham, DeHay, Dennis, Dent, Dudley, 
Eitch, Floyd, Eraser, Gage, Gary, J. L. Glenn, Gooding, Harrison, 
Hemphill, D. S. Henderson, Henry, Hodges, Houser, Hutson, Irby, 
Jervey, Deorge Johnstone, Wilie Jones, E. J. Kennedy, J. W. Ken¬ 
nedy, Klugh, Lee, McGowan, McKagen, McMahan, McMakin, Miller, 
Mitchell, J. D. Montgomery, W. J. Montgomery, Mower, Murray, 
Nathans, Nicholson, Oliver, Parrott, Patterson, Patton, Peake, J. H. 
Read, Redfearn, John Reed, Rogers, Shuler, Sloan, Smalls, A. J. 
Smith, Jeremiah Smith, Stribling, B. R. Tillman, G. D. Tillman, 
VonKolnitz, Whipper, Wigg, and W. B. W T ilson.—69. 

Those who voted in the negative are : 

Nays—Hon. Jno. Gary Evans, President, and Messrs. Atkinson, 
Retire, Berry, Bobo, Bowman, Breazeale, T. W. Brice, Buist, Burn, 
Byrd, Oantey, Carver, Clayton, Connor, Derham, Douglass, Doyle, 
Efird, Ellerbe, W. D. Evans, Earrow, Field, Gilland, J. P. Glenn, 
Graham, Gray, Gunter, Hamel, Harris, Haynsworth, Wm. Henderson, 
T. E. Johnson, Keitt, Lowman, Lybrand, McCalla, McCaslan, 
McCown, McWhite, Matthews, Meares, Moore, Morrison, Nash, Otts, 
Perritte, Prince, Ragsdale, Rosborough, Russell, Sheppard, Single¬ 
tary, R. F. Smith, Smoak, Sprott, Sullivan, Talbert, Timmerman, 
Waters, Wells, Wharton, A. H. White, Wiggins, Stanyarne Wilson, 
Winkler, and Woodward.—67. 

The pending question being the substitute proposed by Mr. HUTSON 
for Section 7, the Convention, at 2:50 o'clock P. M,, adjourned until 
11 A. M. to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 243 


FIFTEENTH DAY. 


Thursday, September 26th, 1 895. 


The Convention assembled at 11 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 

Mr. STANYARNE WILSON offered the following, which was 
considered immediately and agreed to : 

j Resolved, That the Committee on Judicial Department have leave to 
have printed certain drafts of a judicial system which are before them for 
consideration. 

REPORT OF STANDING COMMITTEE. 

Mr. FRASER, for the Committee on Order, Style and Revision, 
submitted the following, which was considered immediately : 

REPORT OF THE COMMITTEE ON ORDER, STYLE AND REVISION 
ON THE ORDINANCE TO ESTABLISH SALUDA COUNTY. 

The Committee on Order, Style and Revision, to whom was referred 
“An ordinance to establish a new judicial and election County from a por¬ 
tion of the territory of Edgefield County, to be called Saluda, with bound¬ 
aries as hereinafter described,” ask leave to report: 

That, besides amendments of minor importance, several amendments 
very important to the perfection of the ordinance appear to the Committee 
to be necessary. 

In reference to these more important matters the scope of the power of 
the Committee may be a matter of some difference of opinion. 

The Committee deem it their duty, however, to suggest these various 
amendments and to recommend their adoption: 

1. Strike out in the title on line 6 the word “met” and insert the word 
“ assembled.” 

2. Strike out on page 2, line 1, the word “poast” and insert the word 
“post.” 

3. Strike out on page 2, line 4, the word “intersection” and insert the 
word “junction.” 





244 


JOURNAL OF PROCEEDINGS; 


4. Strike out on page 2, line 4, all after the word “road,” down to and 
including the word “ bridges,” at the end of line 8, and insert the following: 
“To Matt Mathis’s crossroads, thence a straight line to Owdoin’s postoffice, 
thence a straight line to Little Red Hill School House, near Dr. Landrum’s 
old place, thence a straight line to a point on the northwestern line of Pine 
Grove Township one mile north of Double Bridges.” 

5. On page 3, line 5, insert between the words “County seat’’and “and” 
“Provided, That the County seat shall be located within three (3) miles of 
the geographical centre of the County, to be ascertained by drawing 
diagonal lines from the four corners of the County and taking the point of 
crossing as such centre; the particular site to be decided by vote of the 
people in said County at an election which shall be held in accordance with 
law by order of the Governor.” 

6. At the end of Section six (6) between the words “Sessions” and 
“shall” the words “and Common Pleas,” and at the end of Section six (6) 
add the words “ such times as shall be fixed by law.” 

7. Add a Section to be known as Section 9: 

9. The General Assembly may pass any Act not inconsistent with this 
ordinance to carry the same into effect. 

All of which is respectfully submitted. 

T. B. FRASER, Chairman. 

On motion of Mr. SHEPPARD, the amendments proposed by the 
Committee were agreed to. 

Mr. SHEPPARD, for the Committee on Rules, submitted the fol¬ 
lowing, which was considered immediately and agreed to : 

To the President and Members of the Convention: 

The Committee on Rules respectfully report the following Rule, and 
recommend its adoption. 

All of which is respectfully submitted. 

J. C. Sheppard. 

J. E. Breazeale. 

C. W. Garris. 

RESOLUTION TO AMEND RULE XLI. 

Resolved, That Rule XLI be amended by adding at the close thereof: It 
shall be a sufficient ratification of all ordinances passed by this Convention, 
other than the Constitution of the State, if the same is signed by the Presi¬ 
dent and attested by the Secretary of this Convention. 

Mr, SLIGH, for the Committee on Legislative Department, sub¬ 
mitted the following unfavorable report: 

REPORT OF THE COMMITTEE ON LEGISLATIVE DEPARTMENT. 

The Committee on Legislative Department, to whom was referred the 
following resolution: 

By Mr. McMahan, Journal, 12th day, page 10—On formation of a Depart¬ 
ment for Roads and Forestry; 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 245 


Respectfully report that they have carefully considered the same, and 
recommend that it he not adopted. 

All of which is respectfully submitted. 

J. A. SLIGH, Chairman, 

For Committee. 

Which was ordered for consideration to-morrow. 

Also, the following unfavorable report, which was considered 
immediately and the resolutions rejected : 

REPORT OF THE COMMITTEE ON LEGISLATIVE DEPARTMENT. 

The Committee on Legislative Department, to whom was referred the 
following resolutions: 

By Mr. McMahan, Journal, 12th day, page 4, regulating marriages; 

By Mr. McMahan, Journal, 12th day, page 10, to suppress certain publica¬ 
tions ; 

By Mr. Austin, Journal, 12th day, page 9, relating to concealed weapons; 

Respectfully report that they have carefully considered the same, and 
recommend that they be not adopted. 

All of which is respectfully submitted. 

J. A. SLIGH, for Committee. 

Mr. OTTS, for a portion of Committee on Counties and County 
Government, submitted the following : 

Report of G. D. Tillman, A. Iv. Smoak, J. W. Kennedy, J. O. A. Moore, 
J. C. Otts and R. R. Stackhouse, Who Constitute the Half of 
What Was Once the Whole Committee on Counties and County 
Government, and Who Have no Chairman, no Clerk, no Papers, 
no Resolutions, and no Name by Which to Designate Tiieir Half 
of the Committee. 

The undersigned members of the Committee on Counties and County 
Government have carefully considered the various resolutions submitted 
to them, and while unable to report separately upon the resolutions, they 
being in the hands of the Chairman of the original Committee, we have 
endeavored to incorporate the best features of each in our report, and 
recommend that the provisions herein submitted be embodied in the Con¬ 
stitution as Article —. 

All of which is respectfully submitted. 

G. D. TILLMAN. 

A. K. SMOAK. 

J. W. KENNEDY. 

J. 0. A. MOORE. 

J. C. OTTS. 

R. P. STACKHOUSE. 

Section 1. The several Counties of this State are each declared a body 
politic and corporate. Each County shall constitute one election district. 

Section 2. The boundaries of the several Counties shall remain as now 
established, except the boundaries of the County of Edgefield shall undergo 



246 


JOURNAL OF PROCEEDINGS, 


such changes as are made necessary by the formation of a new County from 
a portion of Edgefield, to be known as Saluda, the boundaries of which are 
set forth in a Constitutional ordinance. 

Section 3. The General Assembly shall have the power at any time to 
organize new Counties by changing the boundaries of old ones, but no new 
Counties shall be hereafter formed of less area than four hundred square 
miles, nor shall any existing County be reduced to less extent: Provided , 
That no old County shall be reduced to less than ten thousand inhabitants, 
as shown by the last State or National census, nor be reduced to less amount 
of taxable property than one million and five hundred thousand dollars, as 
shown by the last tax returns. 

Section 4. Whenever three hundred freeholders within the area of a pro¬ 
posed new County shall petition for organization of a County, the Gov¬ 
ernor shall order an election within a reasonable time before the meeting 
of the next session of the Legislature, and if a majority of the qualified 
electors voting in each part of the County or Counties proposed to be dis¬ 
membered and embraced in the new County shall separately vote therefor, 
it shall be the duty of the Legislature to establish such new County at its 
next session; but elections as herein provided shall not be held in any pro¬ 
posed County oftener than once in four years. 

Section 5. All Counties formed in accordance with the above Sections 
shall assume an equitable proportion of the existing indebtedness of the 
County or Counties from which its territory is taken. 

Section 6. The Legislature may provide for the consolidation of two or 
more existing Counties if a majority of the qualified electors of such Coun¬ 
ties voting at an election held for that purpose shall vote separately there¬ 
for, but such elections shall not be held oftener than once in four years in 
the same Counties. 

Section 7. Each County shall elect a Sheriff, a Clerk of the Court and a 
Coroner, whose respective terms of office shall be four years, and whose 
powers and duties shall be defined by law, provided the Sheriff* shall not be 
eligible to re-election until the expiration of four years. 

Section 8. A chain gang shall be established in every County in the 
State: Provided, That this Section shall not prevent two or more Counties 
from consolidating their respective chain gangs. 

Section 9. Each of the several townships of this State, with names and 
boundaries as now established by law, shall constitute a body politic; but 
this shall not prevent the Legislature from organizing other townships. 

Section 10. The freehold voters of each township shall elect, at such 
times and for such term of office as may be prescribed by law, three dis¬ 
creet persons, to be known as the Board of Township Directors, who shall 
have charge of the township roads, bridges and ferries, the public schools, 
appoint the Managers of all Federal, State, County and township elections, 
shall register all qualified voters of the township, and shall discharge such 
other duties and receive such compensation for their services as the Legis¬ 
lature may prescribe. 

Section 11. The General Assembly may exempt any County from such 
township system of government whenever a majority of the freehold voters 
of the County shall petition therefor. 

Which was ordered for consideration to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 247 


GENERAL ORDERS. 

Unfinished Business. 

« 

The Convention resumed the consideration of Section 7 of the 
report of the Committee on Municipal Corporations and Police Regu¬ 
lations, the same being the substitute adopted yesterday. 

Mr. HENDERSON submitted the following as a substitute for the 
substitute adopted yesterday : 

“ The General Assembly shall provide a uniform system for trials in the 
municipal Courts in the cities and towns of this State, and for appeals from 
the judgment thereof. Said Courts shall have the power to impose fines 
not exceeding one hundred dollars, or imprisonment not exceeding thirty 
days, or both fine and imprisonment, and may couple with the imprison¬ 
ment hard labor on the streets or public works of the city or town. The 
trial by a jury of six—if demanded by the accused—shall be allowed in such 
manner and on such terms as the General Assembly may prescribe. ” 

After debate, on motion of Mr. STANYARNE WILSON, the 
further consideration of Section 7, with amendment proposed, was 
passed over for the present. 

Section 8. Mr. BATES moved to amend Section 8 by inserting be¬ 
tween the words “ towns ” and “ in,” in the first line, the words “ and 
villages, ” and the same words between the words “ town 99 and 
“shall” in the fifth line, and strike out the word “ and” wherever it 
appears between the words “ cities” and 44 towns. ” 

Which, on motion of Mr. D. S. HENDERSON, was laid on the 
table. 

Mr. DERHAM moved to amend on page 3, Section 8, line 2, by 
striking out “ assess and.” 

Which, on motion of Mr. D. S. HENDERSON, was laid on the 
table. 

Mr. ROGERS moved to amend line 7 of Section 8 by substituting 
“imposition” for the word “distribution,” and the word “upon” for 
the words “in and among,” and on line 6 change “privileged” to 
“privilege which was agreed to. 

Mr. BELLINGER proposed to amend as follows: After the word 
“property” on the fourth line, “including the capital stock of cor¬ 
porations therein situated.” 

After debate by Messrs. Bellinger, Henderson, Nathans, 

On motion of Mr. D. S. HENDERSON, the proposed amendment 
was laid on the table, 

Mr. CLAYTON moved to amend line 7 by inserting after the word 
“classes ” the word “subject;” which was agreed to. 



248 


JOURNAL OF PROCEEDINGS. 


The Section as amended was adopted. 

Section 9. Mr. GRAY moved to amend line 2 by striking out the 
word “ten” and inserting in lieu thereof the word “eight;” which 
was agreed to. 

Mr. BARKER submitted the following as a substitute for the 
whole Section : 

That it shall not be lawful for any municipal corporation of the State to 
create any debt beyond the income for the current year, or to endorse or 
guarantee the notes, bonds or obligations, or accept the drafts, of any com¬ 
pany, corporation, person or persons, for any purpose whatsoever, unless 
the following terms and conditions be first observed and complied with: 

1. A resolution declaring the intention of the said town or city council to 
create such indebtedness, or incur such liability, and specifying the amount 
and the nature and character thereof, shall first be passed at a regular 
meeting of said town or city council by a vote of two-thirds of the whole 
body, 

2. That the proposition after being adopted in such manner by the said 
council shall be submitted to the qualified voters of the said city or town, 
at an election to be held under resolutions of the said council, after ninety 
days’notice thereof; and should two-thirds of the number of qualified 
voters, voting at the preceding municipal election, vote affirmatively at said 
election, the proposition shall then be submitted to the General Assembly 
of the State of South Carolina for approval; and should the proposition be 
approved by the said General Assembly, the said town or city council shall 
have the authority to make the debt or incur the liability. 

On motion of Mr. STANYARNE WILSON, the proposed substi¬ 
tute was ordered printed in the Journal, and the further discussion 
thereon continued till to-morrow, the pending question being the sub¬ 
stitute proposed by Mr. Barker. 

Section 10. Mr. STANYARNE WILSON moved to strike out 
Section 10. 

After debate, participated in by Messrs. Stanyarne Wilson, D. S. 
Henderson, Patton, Haynesworth, Sheppard, Buist, Sloan, Burn, 
Talbert, Timmerman, Ragsdale, Sligh, W. B, Wilson, Rogers, W. D. 
Evans and Geo. Johnstone. 

Mr. D. S. HENDERSON moved to indefinitely postpone the 
motion to strike out Section 10. 

The question being put: “ Will the Convention agree thereto?” it 

was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 75 ; nays, 74. 

Those who voted in the affirmative are : 

Yeas—Hon. Jno. Gary Evans, President, and Messrs. Aldrich, 
Ashe, Barker, Bates, Bellinger, Berry, Bowman, J. S. Brice, T. W. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 249 


Brice, Bryan, Buist, Burn, Dent, Derham, Dudley, Ellerbe, Farrow, 
Fitch, Gage, Gary, Gilland, J. L. Glenn, J. P. Glenn, Graham, Gray, 
Hay, Haynsworth, D. S. Henderson, Hodges, Howell, Jervey, Wilie 
Jones, E. J. Kennedy, Klugh, Lee, McCaslan, McGowan, McMahan, 
McWhite, Meares, Miller, Mitchell, W. J. Montgomery, Nathans, 
Nicholson, Oliver, Patterson, Patton, Perritte, Prince, Ragsdale, J. 
H. Read, I. R. Reed, Rogers, Sheppard, Singletary, Sloan, Smalls, 
Jeremiah Smith, R. F. Smith, W. 0. Smith, Sprott, B. R. Tillman, 
G. D. Tillman, Timmerman, VonKolnitz, Watson, Wells, Wharton, 
Whipper, A. H. White, S. E. White, Wigg and Wiggins.—75. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Anderson, Atkinson, Austin, Barry, 
Barton, Behre, Bobo, Bowen, Breazeale, Byrd, Cantey, Carver, Clay¬ 
ton, Connor, Cooper, Cunningham, DeHay, Dennis, Douglass, Doyle, 
Efird, W. D. Evans, Field, Floyd, Fraser, Garris, Gooding, Gunter, 
Hamel, Harris, Harrison, Hemphill, Wm. Henderson, Henry, Houser, 
Hutson, Irby, T. E. Johnson, George Johnstone, Keitt, J. W. Ken¬ 
nedy, Lowman, Lybrand, McCalla, McCown, McKagen, Matthews, 
Moore, Morrison, Mower, Murray, Nash, Otts, Parler, Parrott, Peake, 
Redfearn, Rosborough, Rowland, Russell, Shuler, Sligh, Smoak, 
Stribling, Sullivan, Talbert, Taylor, Waters, Stanyarne Wilson, W. 
B. Wilson, Winkler and Woodward.—74. 

Mr. ROGERS moved to amend Section 10 as follows: On line 1, 
before the word “taxation,” insert the word “municipal.” Strike 
out all of lines 3 and 4 after the word “Constitution.” 

Which was agreed to. 

Mr. S. E. WHITE moved to amend Section 10 by inserting after 
“ 110,000,” on line 4, the words “Provided, The majority of the 
qualified voters shall consent to the same.” 

Which, on motion of Mr. PATTERSON, was laid on the table. 

Mr. STANYARNE WILSON moved to indefinitely postpone the 
Section as amended. 

After debate by Messrs. Meares, Stribling, Gray, Otts, Patterson 
and Irby, 

Mr. MEARES moved to lay on the table the motion to indefinitely 
postpone. 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 74 ; nays, 73. 

Those who voted in the affirmative are : 

Yeas—Hon. Jno. Gary Evans, President, and Messrs. Aldrich, 
Anderson, Ashe, Barker, Bates, Bellinger, Berry, Bowman, J. S. 



250 


JOURNAL OF PROCEEDINGS, 


Brice, T. W. Brice, Bryan, Buist, Burn, Dent, Derham, Dudley, 
Ellerbe, Farrow, Fitch, Gage, Gary, Gilland, J. L. Glenn, J. P. 
Glenn, Graham, Gray, Hay, Haynsworth, D. S. Henderson, Hodges, 
Howell, Jervey, Wilie Jones, E. J. Kennedy, Klugh, Lee, McCaslan, 
McGowan, McMahan, Me White, Meares, Miller, Mitchell, W. J. 
Montgomery, Nathans, Nicholson, Oliver, Patterson, Patton, Prince, 
Ragsdale, J. H. Read, I. R. Reed, Rogers, Sheppard, Singletary, 
Sloan, Jeremiah Smith, R. F. Smith, W. C. Smith, Sprott, B. R. 
Tillman, G D. Tillman, Timmerman, VonKolnitz, Watson, Wells, 
Wharton, Whipper, A. H. White, S. E. White, Wigg, and Wiggins.—74. 

Nays—Messrs. Alexander, Atkinson, Austin, Barry, Barton, Behre, 
Bobo, Bowen, Breazeale, Byrd, Cantey, Carver, Clayton, Connor, 
Cooper, Cunningham, Dellay, Dennis, Douglass, Doyle, Efird, W. D. 
Evans, Field, Floyd, Fraser, Garris, Gooding, Gunter, Hamel, 
Harris, Harrison, Hemphill, W. Henderson, Henry, Houser, Hutson, 
Irby, T. E. Johnson, George Johnstone, Keitt, J. W. Kennedy, 
Lowman, Lybrand, McCalla, McCown, McKagen, McMakin, Mat¬ 
thews, Moore, Morrison, Mower, Murray, Nash, Otts, Parler, Parrott, 
Peake, Redfearn, Rosborough, Rowland, Russell, Shuler, Sligh, 
Smoak, Stribling, Sullivan, Talbert, Taylor, Waters, Stanyarne 
Wilson, W. B. Wilson, Winkler, and Woodward—73. 

Mr. BYRD moved that the Convention do now adjourn. 

The question being put, “Will the Convention agree thereto?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 36; nays. 111. 

Those who voted in the affirmative are: 

Yeas—Messrs. Alexander, Anderson, Barry, Barton, Behre, Bobo, 
Bowen, Byrd, Clayton, Cooper, Cunningham, DeHay, Doyle, Efird, 
Floyd, Fraser, Hamel, Harris, Hay, Johnstone, Lee, Lybrand, Mc¬ 
Makin, Matthews, Moore, Mower,Otts, Parler, Parrott, I. R. Reed, Ros¬ 
borough, Shuler, Stribling, Taylor, Waters, and W. B. Wilson.—36. 

Those who voted in the negative are : 

Nays—Hon. Jno. Gary Evans, President, and Messrs. Aldrich, Ashe, 
Atkinson, Austin, Barker, Bates, Bellinger, Berry, Bowman, Breazeale, 
J. S. Brice, T. W. Brice, Bryan, Buist, Burn, Cantey, Carver, Connor, 
Dennis, Dent. Derham, Douglass, Dudley, Ellerbe, W. D. Evans, 
Field, Fitch, Gage, Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, 
Gooding, Graham, Gray, Gunter, Harrison, Haynsworth, Hemphill, 
D. S. Henderson, William Henderson, Henry, Hodges, Houser, 
Hutson, Irby, Jervey, Johnson, Wilie Jones, Keitt, E. J. Kennedy, 
nedy, J. W. Kennedy, Klugh, Lowman, McCalla, McCaslan, McCown, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 251 


McGowan, McKagen, McMahan, Me White, Meares, Miller, Mitchell, 
W. J. Montgomery, Morrison, Murray, Nash, Nathans, Nicholson, 
Oliver, Patterson, Patton, Peake, Perritte, Prince, Ragsdale# J. H. 
Read, Redfearn, Rogers, Rowland, Russell, Sheppard, Singletary, 
Sligh, Sloan, Smalls, A. J. Smith, Jeremiah Smith, R. F. Smith, 
W. C. Smith, Smoak, Sprott, Sullivan, Talbert, B. R. Tillman, 
G. D. Tillman, Timmerman, VonKolnitz, Watson, Wells, Wharton, 
Whipper, A. H. White, S. E. White, Wigg, Stanyarne Wilson, 
Winkler, and Woodward.—112. 

On motion of Mr. TALBERT the Convention, at 2:30 P. M., 
receded from business till 8:05 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 8:05 P. M. 

REPORTS OF STANDING COMMITTEES. 

Mr. SLOAN, for the Committee on Miscellaneous Matters, sub¬ 
mitted the following, which was ordered for consideration to-morrow : 

REPORT OF COMMITTEE ON MISCELLANEOUS MATTERS. 

To the Honorable the Constitutional Convention of the State of South Carolina: 

The Committee on Miscellaneous Matters ask leave to report that they 
have carefully considered the various resolutions referred to them, and 
herewith present as the result of their deliberations a proposed Article for 
the Constitution. 

The Committee herewith return the following papers submitted to them, 
on which they make an unfavorable report, and recommend that they be 
not adopted: 

1. Resolution of Mr. D. S. Henderson relating to the grantiug of divorces 
in this State, page 2 of Journal of the 11th of September; 

2. Resolution of Mr. T. E. Dudley to prohibit divorce from bond of matri¬ 
mony, page 10 of Journal of the 12th of September; 

3. Resolution of Mr. J. C. Alexander to prohibit the sale of products of 
public institutions in the markets of this State, page 8 of Journal of the 
16th of September; 

4. Resolution of Mr. H. B. Buist to insert in Article 14 of the Constitution 
a provision to prohibit the General Assembly from auditing or allowing 
any private claim or account against the State or any County, but may 
appropriate money or order the proper officer or officers to pay such claims 
as shall have been audited and allowed according to law, page 4 of Journal 
of the 18th of September; 






252 


JOURNAL OF PROCEEDINGS, 


5. Resolution of Mr. M. P. Howell relating to married woman’s property, 
now Section 8, Article 14, of present Constitution, page 17 of Journal of the 
18th of September; 

6. Ordinance of Mr. J. 0. A. Moore relating to exemption of personalty, 
page 6 of Journal of the 20th of September; 

7. Ordinance of Mr. John J. McMahan to forbid the granting of divorces, 
but to provide for the recognition of divorces regularly granted by other 
sovereignties, page 2 of Journal of the 21st of September. 

The Committee further recommend that they be discharged from the 
further consideration of the ordinance of Mr. John J. McMahan to forbid 
discrimination on account of religion, page 9 of Journal of the 20th of Sep¬ 
tember, and respectfully ask that the same be referred to the Committee 
on Declaration of Rights. 

Respectfully submitted, 


JOHN T. SLOAN, 


Chairman. 


MISCELLANEOUS MATTERS. 

Article - 

Section 1. No person shall be elected or appointed to any office in this 
State unless he possess the qualifications of an elector. 

Section 2. The General Assembly may direct, by law, in what manner 
claims against the State may be established and adjusted. 

Section 3. Divorces from the bonds of matrimony shall not be allowed 
but by the judgment of a Court, as shall be prescribed by law. 

Section 4. No person who denies the existence of the Supreme Being shall 
hold any office under this Constitution. 

Section 5. The printing of the laws, journals, bills, legislative docu¬ 
ments and papers for each branch of the General Assembly, with the 
printing required for the Executive and other departments of the State, 
shall be let, on contract, in such manner as shall be prescribed by law. 

Section 6. The General Assembly shall provide for the removal of all 
causes which may be pending when this Constitution goes into effect to 
Courts created by the same. 

Section 7. No lottery shall ever be allowed, or be advertised by newspa¬ 
pers or otherwise, or its tickets be sold in this State, and the General 
Assembly shall provide by law at its next session for the enforcement of 
this provision. 

Section 8. All persons who shall be elected or appointed to any office of 
profit or trust, before entering on the execution thereof, shall take the 
following oath and no other: “I do swear (or affirm) that I am duly quali¬ 
fied, according to the Constitution of this State, to exercise the duties of 
the office to which I have been appointed, and that I will, to the best of my 
ability, discharge the duties thereof, and preserve, protect and defend the 
Constitution of this State, and that of the United States. So help me 
God.” 

Section 9. That any person holding an office of honor, trust or profit 
who shall engage in gambling or betting on games of chance shall become 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 253 


thereby disqualified from the further exercise of the functions of his 
office, and that the same shall be declared vacated. 

Section 10. The real and personal property of a woman held at the time 
of her marriage, or that which she may thereafter acquire, either by gift, 
grant, inheritance, devise or otherwise, shall not be subject to levy and 
sale for her husband’s debts, unless by her own act she makes herself 
liable therefor, but shall be her separate property, and she shall have all 
the rights incident to the same to which an unmarried woman or a man is 
entitled. She shall have the power to contract and be contracted with in 
the same manner as if she were married. 

Section 11. All laws now in force in this State and not repugnant to this 
Constitution shall remain and be in foree until altered or repealed by the 
Legislature or shall expire by their own limitations. 

Mr. FIELD, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following, which was considered immediately 
and rejected : 

REPORT OF THE COMMITTEE ON CONTINGENT ACCOUNTS AND 

EXPENSES. 


The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred the account of Arthur F. Harman, as Clerk of the Committee on the 
Executive Department, for sixteen days services—amount, $32, respectfully 
report that they have carefully considered the same, and recommend that 
it be paid. 

All of which is respectfully submitted. 

W. T. FIELD, Chairman. 

Mr. FITCH, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following, which was considered immediately, 
adopted, and the account ordered paid : 

REPORT OF THE COMMITTEE ON CONTINGENT ACCOUNTS AND 

EXPENSES. 


The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred the claims of Messrs J. W. Gibbes & Co., amounting to the sum of 
seventy-six 50-100 dollars for stationery, respectfully report that they have 
carefully considered the same, and recommend that the sum of seventy-six 
50-100 dollars be paid. 

All of which is respectfully submitted. 

W. M. r 11CH, 

For Committee. 


[Delivered to Secretary.'] 


1895. 

Sept. 11. HO legal cap pads % 15c.$25 50 

1 doz. qts. Carter’s Fluid... 7 00 

2 gross Crown penholders @ $5. 10 00 

5 gross Esterbrook Falcon pens 75c. 3 75 







254 JOURNAL OF PROCEEDINGS, 


1 qt. Carter’s mucilage. 1 00 

2 desk pads and blotters. 1 25 

1 great gross Faber’s assorted bands. 1 75 

1 gross No. 31 Faber’s assorted bands. 50 

5£ doz. shoe strings. 25 

4 boxes assorted paper fasteners. 75 

1 gross Faber’s hexagon gilt pencils. 7 00 

£ gross Dixon’s Cabinet pencils. 2 00 

£ gross Eagle triangular pencils. 2 50 

1 gross Delmar office pencils. 4 50 

$67 75 

Less qt. Carter’s mucilage. 1 00 

$66 75 

[Delivered to Cleric, Committee on Education .] 

Sept. 14. 1 ream legal size typewriter linen.$ 1 35 

1 ream letter size typewriter linen. 1 15' 

1 dox. sheets carbon paper. 50 

£ doz. note books. 50 

2 Ramsey’s automatic inkstands 50c. 1 00 

$ 4 50 

[Delivered to Cleric, Committee on Miscellaneous Matters.] 

Sept. 15. £ ream typewriter linen.$ 50 

£ ream typewriter linen. 70 

$ 1 20 

[Delivered to Chief of Engrossing Department .] 

Sept. 18. 1 gross Spencerian pens.$ 1 00 

1 doz. triangular pencils. 50 

2 doz. Delmar pencils. 1 00 

1 pt. Carter’s crimson fluid. 1 25 

$ 3 75 

[Delivered to Secretary .] 

Sept. 20. 1 2-line rubber stamp.$ 30 

Also the following, which was considered immediately, adopted and 
the account ordered paid : 

The Committee on Contingent Accounts and Expenses, to whom was 

referred the claim of Mr.-as the clerk of the Executive Committee, 

respectfully report that they have carefully considered the same, and 
recommend that as Mr. Arthur F. Harman, the clerk of the Executive Com¬ 
mittee, has this day resigned, and his resignation has been accepted by the 
Executive Committee, and that Mr. Arthur F. Harman be paid the same 
































SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 255 


per diem as the members of the Convention from the date of his appoint¬ 
ment, the twelfth day of September, 1895, to the twenty-seventh day of 
September, 1895, and that the Secretary of the Convention do issue the war¬ 
rant for the sum of ($30) thirty dollars immediately. 

All of which is respectfully submitted. 

W. M. FITCH, for Committee. 

Mr. HARRISON submitted the following separate report of a part 
of the Committee on Counties and County Government, which was 
ordered for consideration to-morrow : 

While I have signed one of the reports of one-lialf of the Committee on 
County Government, headed by Mr. Austin, I wish it distinctly understood 
that such signature was given with the right and permission of these 
reservations: 

1st. There should be a Section reported including certain County officers 
and their duties, as embraced in a resolution presented by the under¬ 
signed. 

2d. That there should be no limitation as to how near new County lines 
should run to existing court houses. 

All of which is respectfully submitted. 

A. J. HARRISON. 

Mr. AUSTIN, for the Committee on Counties and County Govern¬ 
ment, submitted the following report, which was ordered for con¬ 
sideration to-morrow : 

REPORT OF ONE-HALF OF THE COMMITTEE ON COUNTIES AND 
COUNTY GOVERNMENT. 

We, the undersigned members of the Committee on Counties and County 
Government, beg leave to report that we have carefully considered all 
matters referred to us, and herewith submit an Article of the Constitution, 
and respectfully recommend its adoption. 

J. THOMAS AUSTIN. 

R. L. HENRY. 

T. E. JOHNSON. 

E. N. REDFEARN. 

A. J. HARRISON. 

FRANK B. GARY. 

ARTICLE -. 

NEW COUNTIES. 

Section 1. The Legislature may, from time to time, establish new Coun¬ 
ties in the following manner: 

Whenever one-third of the qualified voters within the area of a proposed 
new County shall petition the Governor for the creation of a new County, 
the Governor shall order an election, within a reasonable time thereafter, 
by the qualified voters within the proposed area, in which election they 
shall vote “yes” or “no” upon the question of creating said new County. 






256 


JOURNAL OF PROCEEDINGS, 


Section 2. If a majority of the qualified voters within the several sections 
proposed to be formed into a new County shall separately vote “yes” upon 
such question, then the Legislature shall establish such new County: Pro¬ 
vided, That an election upon such question shall not be ordered upon the 
same proposed new County oftener than once in four years. 

Section 3. No new County hereafter formed shall contain less than one 
hundred and twenty-fourth part of the whole number of the inhabitants of 
the State, nor shall it have less assessed taxable property than two millions 
of dollars, nor shall it contain less area than four hundred square miles. 

Section 4. No old County shall be reduced to less area than five hundred 
square miles, to less assessed taxable property than two million dollars, nor 
to a smaller population than fifteen thousand inhabitants. 

Section 5. No new County line shall be run nearer to an established Court 
House than ten miles: Provided , That this Section shall not apply to 
Court Houses located in Counties not proposed to be dismembered. 

Section 6. All new Counties hereafter formed shall bear a just apportion¬ 
ment of the valid indebtedness of the old County or Counties from which 
they have been formed. 

The Committee on Counties and County Government, to whom was re¬ 
ferred an ordinance relating to the area and formation of Counties, being 
Article 2 of the present Constitution, introduced by Mr. George Johnstone, 
and printed in the Journal of the twelfth day, page 6; introduced by Mr. 
Nicholson, and printed in the Journal of the ninth day, page 20; introduced 
by Mr. Klugh, and printed in the Journal of the ninth day, page 15, respect¬ 
fully report that they have carefully considered the same, and make an 
unfavorable report thereon. 

All of which is respectfully submitted. 

J. THOMAS AUSTIN, 

For Committee. 

The Committee on Counties and County Government, to whom was re¬ 
ferred a resolution relating to the formation of new Counties, introduced 
by Mr. J. S. Brice, and printed in the Journal of the tenth day, page 7; in¬ 
troduced by Mr. Harrison, and printed in the Journal of the ninth day, page 
15; introduced by Mr. Klugh, and printed in the Journal of the ninth day, page 
18; introduced by Mr. Otts, and printed in the Journal of the ninth day, page 
12 ; introduced by Mr. Gilland, and printed in the Journal of the eleventh 
day, page 2; introduced by Mr. Parler, and printed in the Journal of the 
eighth day, page 19; introduced by Mr. Irby, and printed in the Journal of 
the eighth day, page 2; introduced by Mr. McMahan, and printed in the 
Journal of the tenth day, page 4; introduced by Mr. Hamel, and printed in 
the Journal of the tenth day, page 8; introduced by Mr. Otts, and printed 
in the Journal of the ninth day, page 18, respectfully report that they have 
carefully considered the same and make an unfavorable report thereon. 

All of which is respectfully submitted. 

J. THOMAS AUSTIN, 

For Committee. 

The unfavorable report was rejected, and the above resolutions 
ordered for consideration to-morrow in connection with the report of 
the Committee. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 257 


GENERAL ORDERS. 

Unfinished Business. 

The Convention proceeded to the consideration of Section 15 of 
the report of the Committee on Municipal Corporations and Police 
Regulations. 

Mr. FLOYD moved to amend by adding to the end of the Section 
the following words : Provided the question be first submitted to the 
qualified voters of said city or town and a majority thereof vote in 
favor of said exemption.” 

Which was agreed to. 

The question being upon the adoption of the Section as amended. 

The question being put : Will the Convention agree thereto?” it 
was decided in the affirmative. 

The yeas and naws were requested, and are as follows : 

Yeas, 80 ; nays, 65. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Ashe, Atkinson, Austin, Barker, Barton, Bates, Bellinger, Berry, 
Bowman, J. S. Brice, T. W. Brice, Bryan, Buist, Derham, Douglass, 
Dudley, Ellerbe, Farrow, Fitch, Gage, Garris, Gary, Gilland, J. L. 
Glenn, J. P. Glenn, Graham, Gray, Harris, Hay, Haynswortb, D. S. 
Henderson, Howell, Hutson, Jervey, Wilie Jones, E. J. Kennedy, J. 
W. Kennedy, Klugli, Lee, McCaslan, McGowan, McMahan, Mc- 
White, Matthews, Meares, Miller, Mitchell, W. J. Montgomery, 
Moore, Morrison, Nathans, Nicholson, Oliver, Patterson, Patton, 
Perritte, Prince, Ragsdale, J. H. Read, Rogers, Sheppard, Sloan, 
Smalls, Jeremiah Smith, R. F. Smith, W. C. Smith, Sprott, B. R. 
Tillman, G. D. Tillman, Timmerman, VonKolnitz, Watson, Wells, 
Wharton, A. II. White, S. E. White, and Wiggins.—80. 

Those who voted in the negative are : 

Nays—Messrs Alexander, Barry, Behre, Bobo, Bowen, Breazeale, 
Byrd, Cantey, Carver, Clayton, Connor, Cooper, Cunningham, DeHay, 
Dennis, Doyle, Efird, W. D. Evans, Field, Floyd, Fraser, Gooding, 
Gunter, Hamel, Harrison, Hemphill, Wm. Henderson, Henry, 
Houser, Irby, T. E. Johnson, Johnstone, Keitt, Lowman, Lybrand, Mc- 
Calla, McCown, McKagen, McMakin, Mower, Murray, Nash, Otts, 
Parler, Parrott, Peake, Redfearn, Rosborough, Rowland, Russell, 
Shuler, Singletary, Sligh, A. J. Smith, Smoak, Stribling, Sullivan, 
Talbert, Taylor, Waters, Wigg, Stanyarne Wilson, W. B. Wilson, 
Winkler, and Woodward.—66. 

17-500 




258 


JOURNAL OF PROCEEDINGS, 


Mr. SHEPPARD moved to reconsider the vote whereby the Con¬ 
vention adopted the Section as amended and to lay that motion on 
the table ; which was agreed to. 

Section 11. On motion of Mr. BARKER, Section 11 was stricken 
out. 

Section 12. Mr. WINKLER moved to amend Section 12 by striking 
out on line 5 the words “the same” and by inserting in lieu thereof 
the words “this Section;” which was agreed to. 

Mr. JOHNSTONE moved to amend as follows: On line 3 strike 
out the words “consent of the Executive of this State” and insert in 
lieu thereof the following: “request of the Executive under the pro¬ 
visions of the Constitution of the United States;” which was agreed to. 

The Section as amended was adopted. 

Mr. D. S. HENDERSON moved to amend Section 13, line 1, by 
striking out the words “ shall have power,” and insert at the begin¬ 
ning of the Section the words “it shall be the duty of”; which was 
agreed to. 

The Section as amended was adopted. 

Section 14. Mr. McCOWN moved to adjourn debate on this Sec¬ 
tion until to-morrow and that all amendments proposed be printed in 
the Journal; which was agreed to. 

Mr. DOYLE moved to amend by adding at the end of Section 11 
“ hut without profit.” 

Mr. B. R. TILLMAN moved to amend Section 14 by striking out 
“ intoxicating” and inserting “alcoholic” wherever it occurs in the 
.Section. 

.Mr. BELLINGER moved to amend Section 14 by striking out 
*“and” on the seventh line and inserting after the word “County” 
on the same line the words “ and municipal.” 

Air. CLAYTON offered the following substitute to Section 14 : 

“ Section 14. In the exercise of the police power the General As¬ 
sembly shall have no authority to license the sale of intoxicating 
liquors or beverages by persons or corporations within this State. The 
General Assembly may prohibit the manufacture and sale of intoxicat¬ 
ing liquors and beverages within the State, or may authorize and em¬ 
power State and County officers, both or either, under the authority 
and in the name of the State, to buy in any market and sell and retail 
within the State intoxicating liquors and beverages in such packages 
and quantities, under such rules and regulations, as it deems expedi¬ 
ent.” 

Section 15. Mr. MoKAGEN moved to amend as follows : 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 259 


After the word “fighting” insert the following : “Which is con¬ 
strued to mean any glove or fist contest, cock or chicken fighting, dog 
fighting, or any other contest for money between man or beast.” 

On motion of Mr. D. S. HENDERSON, the proposed amendment 
was laid on the table. 

Mr. OTTS moved to amend as follows: “The Legislature shall 
have the power to define the term prize-fighting as used in this 
Section.” 

On motion of Mr. D. S. HENDERSON, the proposed amendment 
was laid on the table. 

The Section was adopted as proposed by the Committee. 

Mr. D. S. HENDERSON moved to continue from day to day Sec¬ 
tions 16, 17, 18 until the Committee on Suffrage submitted its report; 
which was agreed to. 

The Convention proceeded to the consideration of No. 10, Report 
of Committee on Legislative Department. 

On motion of Mr. SLIGH, at 10 P. M., the Convention adjourned 
till 11 A. M. to-morrow. 


SIXTEENTH DAY. 


Friday, September 27, 1 895. 

The Convention assembled at 11 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 

Mr. A. H. WHITE asked and obtained indefinite leave of absence 
for ]\tr. W. B. Wilson. 

Mr. PERRITTE asked and obtained indefinite leave of absence for 
Mr. Burn. 


RESOLUTION. 


Mr. MILLER introduced the following resolution, which was con¬ 
sidered immediately and agreed to : 





260 


JOURNAL OF PROCEEDINGS, 


Whereas it is reported in the Columbia State that a citizen by the name 
of Anderson was assaulted by one of the doorkeepers of this Convention, 

Be it resolved, That the President appoint a Committee of three to in¬ 
vestigate and report to this Convention all the facts in relation to said 
charge. 

, THOS. E. MILLER. 

MEMORIAL. 

Mr. B. R. TILLMAN presented the following memorial, which was 
read the first time and referred to the Committee on Suffrage : 

Johnston, S. C., Sept. 24th, 1895. 

To the Hons. John Gary Evans, Benj, B. Tillman, George 1). Tillman, J. G. 
Sheppard, B. B. Watson, H. I). Timmerman, Jasper Talbert and all the 
Members-elect of the Constitutional Convention: 

While I appreciate the exalted and chivalrous principle which actuates 
our men in shielding women from contact with what you feel would be un¬ 
pleasant and perhaps degrading, I feel humbly the humiliation and unfair¬ 
ness in being classed with idiots, the insane, etc. 

The great importance of making no mistake in the pending change in the 
Constitution is felt by every thinking woman in the State far more keenly 
than by the men. Are not our sons and daughters vitally concerned, and 
who will assert that a child is dearer to a father than to a mother*? We are 
intended for helpmates in its broadest sense. Can we be that when no 
voice is given us in framing the laws by which we are governed? The 
sound judgment and dauntless courage of woman’s advice was forcibly 
demonstrated when Pilate’s wife, at the trial of our Saviour, sent this mes¬ 
sage: “Have thou nothing to do with this just man.” That indomitable 
courage is in the mothers of this dear Southland, and I have no fear that 
they will be found wanting when the privilege is accorded them for a voice 
in the government of those dearer than life. 

Let our men give us franchise, and the moral influence exerted by woman 
will be the needful leaven which will permeate and make palatable what 
we now find a heavy loaf. 

Respectfully, 

CORA S. LOTT. 

REPORTS OE STANDING COMMITTEES. 

Mr. D. S. HENDERSON, for the Committee on Municipal Corpo¬ 
rations and Police Regulations, submitted the following report, which 
was considered immediately and agreed to : 

The Committee on Municipal Corporations and Police Regulations, to 
whom was referred petition of citizens of Sumter as to the suffrage, found 
at page 4 of the Journal, September 23, respectfully report that they have 
carefully considered the same, and recommend that the same be received as 
information. 

All of which is respectfully submitted. 

D. S. HENDERSON, 
Chairman of Committee. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 261 


Mr. D. S. HENDERSON, for the Committee on Municipal Corpo¬ 
rations and Police Regulations, submitted the following unfavorable 
report, which was considered immediately and agreed to, and the 
resolution rejected : 

The Committee on Municipal Corporations and Police Regulations, to 
whom was referred a resolution of Mr. Moore to regulate the extension of 
corporate limits of cities, towns and villages, found at page 5 of the Journal 
of September 20th, respectfully report that they have carefully considered 
the same, and recommend that the same do not pass. 

All of which is respectfully submitted. 

D. S. HENDERSON, 
Chairman of Committee. 

Mr. D. S. HENDERSON, for the Committee on Municipal Cor¬ 
porations and Police Regulations, submitted the following report, 
which was read the first time and ordered for consideration to-morrow : 

REPORT OF THE COMMITTEE ON MUNICIPAL CORPORATIONS 
AND POLICE REGULATIONS AS TO ORDINANCE OF MR. 
FARROW CONCERNING CITIES AND TOWNS SITUATED IN 
TWO COUNTIES. 

The Committee on Municipal Corporations and Police Regulations, to whom 
was referred an ordinance- to provide for the location of incorporated 
cities and towns so that all portions of each shall be in the same County, 
which said ordinance is to be found printed at page 5 of September 20, as 
introduced by Mr. Farrow, respectfully report that they have carefully 
considered the same and recommend that in lieu thereof the following 
Sections be passed as parts of the Constitution : 

Section —. Hereafter no County lines shall be so established as to pass 
through any incorporated city or town of this State. 

Section —. That in all cases where, according to County lines as now 
established, any city or town in this State shall be situated partly in one 
County and partly in another or others, the electors residing in such city or 
town, qualified to vote at a general election for State officers, shall, at an 
election held for that purpose, determine in which of such Counties the 
said city or town shall be wholly located, and upon the result of such an 
election being had and duly certified the respective County lines shall 
thereupon be deemed as established so as to place said city or town in the 
County so selected. The General Assembly shall carry these provisions 
into effect by suitable legislation. 

D. S. HENDERSON, 
Chairman of Committee. 

Mr. HEMPHILL presented the following account, which was read 
the first time and referred to the Committee on Accounts and Ex¬ 
penses : 




262 


JOURNAL OF PROCEEDINGS, 


Columbia, S. C., Sept. 18, 1895. 
Mr. W. H. Yeldell in account with Charles A. Calvo, Jr. 


To printing and ruling 250 bill blanks.$ 7 75 

To one receipt book. 5 00 

$12 75 


Mr. W. J. MONTGOMERY, for the Committee on Engrossed Reso¬ 
lutions and Ordinances, submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred an Article, Calendar No. 13, relating to the Executive Department, 
beg leave to report that the same has been correctly engrossed and revised. 

Report of the Committee adopted, and the Article ordered to a third 
reading to-morrow. 

Mr. HEMPHILL presented the following account for printing, 
which was read the first time and referred to the Committee on Con¬ 
tingent Accounts and Expenses : 

ACCOUNT FOR PRINTING OF CHARLES A. CALVO, Jr., $362.92. 

The State of South Carolina, 

To Charles A. Calvo, Jr.. Dr. 

1895. 

Sept. 27. To printing 200 copies Calendar Orders 9, 10, 11, 

12, 13, 14, 18, 19, 20, 21, 22, 23, 24, and Article IV, 

56 pp. Bill matter @ $1.87. $104 72 

To printing 200 copies Calendar, September 21,23, 

24, 25, 26, 10 L. P. pp. $1.07. 10 70 

To printing 200 copies Calendar Orders 15, 16, 17, 

6 L. P. pp. @ $1.07. 6 42 

To printing 200 copies Journal September 19, 20, 

21, 23, 24, 25; 34| L. P. pp. @ $1.07.$37 18 

661 Brev. pp.=91£ L. P. 97 90— 135 08 

To printing 500 copies permanent Journal, sigs. 8 

to 13, inclusive, 16 L. P. pp. @ $1.00_$16 00 

64 Brev. pp.=90 L. P. iip. @ $1-00. 90 00— $106 00—$362 92 


State of South Carolina, \ 

Richland County. \ 

Personally appeared before me Charles A. Calvo, Jr., who, being duly 
sworn, deposes and says that the above is a just and true account against 
the State of South Carolina, in accordance with the terms of Chapter III 
of the Revised Statutes of 1893, no part of which has been paid by discount 
or otherwise. CHARLES A. CALVO, Jr. 

Sworn to before me this 27 September, 1895. 

G. M. WALKER, [l. s.] 

Notary Public. 

Mr. BELLINGER, for the Committee on Corporations, submitted 
the following report : 













SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 263 


REPORT OF THE COMMITTEE ON CORPORATIONS. 


To the Constitutional Convention: 

The Committee on Corporations, to whom were referred the resolutions 
and ordinances herein specifically mentioned, beg leave to report that they 
have carefully considered the same, and return them, as required, to this 
Convention. The Committee have formulated, and herewith submit for 
adoption, the accompanying document, consisting of Sections to be incor¬ 
porated in the Constitution as Article — on corporations. 

The resolutions and ordinances referred to are: 

By Mr. Geo. H. Bates, printed in Journal September 12, page 9. 

By Mr. Otts, printed in Journal September 12, page 11. 

By Mr. Sullivan, printed in Journal September 12, page 9. 

By Mr. Gage, printed in Journal September 12, page 9. 

By Mr. Moore, printed in Journal September 14, page 6. 

By Mr. Bellinger, printed in Journal September 16, page 10. 

By Mr. McCalla, printed in Journal September 18, page 18. 

By Mr. Stokes, printed in Journal September 18, page 11. 

By Mr. George Johnstone, printed in Journal September 23, page 10. 

All of which is respectfully submitted, 

G. DUNCAN BELLINGER, 

For the Committee. 

Columbia, September 27th, 1895. 

ARTICLE XII. 

CORPORATIONS. 

Section 1. The term corporation as used in this Article includes all asso¬ 
ciations and joint stock companies having powers and privileges not 
possessed by individuals or partnerships and excludes municipal corpora¬ 
tions. 

Section 2. No charter of incorporation shall be granted, changed or 
amended by special law, except in the case of such charitable, educational, 
penal or reformatory corporations as may be under the control of the 
State; but the Legislature shall provide by general laws for changing or 
amending existing charters, and for the organization of all corporations 
hereafter to be created; and any such law so passed, as well as all charters 
now existing or hereafter created, shall be subject to future repeal or 
alteration. 

Section 3. All railroads and canals shall be public highways, and all rail¬ 
road, express, sleeping car, canal and other transportation companies, and 
all telegraph and telephone companies, are declared to be common carriers 
in their respective lines of business, and subject to liability as such. No 
such corporation shall be permitted to make any contract relieving it from 
its common law liability. 

Section 4. Every other than religious, educational or benevolent associa- 
ciations, corporation organized or doing business in this State shall have 
and maintain at least one agent in this State upon whom process may be 
served, and at least one public office for the transaction of its business, 
where transfers of stock shall be made, and in which shall be kept for 




264 


JOURNAL OF PROCEEDINGS, 


inspection by every person having an interest therein, and by officers of 
the Law properly authorized, books in which shall be recorded the amount 
of capital stock subscribed and by whom, the names of the owners of its 
stock and the amount owned by them respectively, the amount of stock 
paid in and by whom, the transfers of stock, the amount of its assets and 
liabilities, and the names and places of residence of its officers. 

Section 5. No discrimination in charges or facilities for transportation 
for the same classes of freight or passengers within this State, or coming 
from or going to any other State, shall be made by any railroad or other 
transportation company between places or persons. Persons and property 
transported over any railroad, or by any other transportation company or 
corporation, shall be delivered at any station, landing or port at charges 
not exceeding the charges for the transportation of persons and property 
of the same class, in the same direction, to any more distant station, land¬ 
ing or port. Excursion and commutation tickets may be issued at special 
rates. 

Section 6. Any railroad, organized under the laws of this State, shall 
have the right to connect at the State line with railroads of other States. 
Every railroad company shall have the right with its road to intersect, con¬ 
nect with or cross any other railroad, and shall receive and transport each 
the other’s freight, passengers and cars, loaded or empty, without delay or 
discrimination. 

Section 7. No railroad, or other transportation company, or the lessees, 
purchasers or managers of any such corporation, shall consolidate the 
stock, property or franchises of such corporation with, or lease or purchase 
the stock or franchises of, or in any way control, any other railroad 
or other transportation company owning or having under its control a 
parallel or competing line; and the question whether railroads or other 
transportation companies are parallel or competing lines shall, when 
demanded by the party complainant, be decided by a jury as in other civil 
causes. 

Section 8. The General Assembly shall not grant to any foreign corpora¬ 
tion or association a license to build, operate or lease any railroad in this 
State; but in all cases where a railroad is to be built or operated, and the 
same shall be partly in this State and partly in another State, or in other 
States, the owners or projectors thereof shall first become incorporated 
under the laws of this State; nor shall any foreign corporation or associa¬ 
tion lease or operate any railroad in this State, or purchase the same, or 
any interest therein. Consolidation of any railroad lines and corporations 
in this State with others shall be allowed only where the consolidated com¬ 
pany shall become a domestic corporation of this State. 

No general or special law shall ever be passed for the benefit of any 
foreign corporation operating a railroad under an existing license of this 
State or under any existing lease ; and no grant of any right or privilege, 
and no exemption from any burden, shall be made to any such foreign cor¬ 
poration except upon the condition that the owners or stockholders thereof 
shall first organize a corporation in this State under the laws thereof, and 
shall thereafter operate and manage the same and the business thereof 
under said domestic charter. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 265 


Section 9. The General Assembly shall have no power to grant any 
charter for banking purposes, but corporations or associations may be 
formed for such purposes under general laws, with such privileges, powers 
and limitations, not inconsistent with this Constitution, as it may deem 
proper. 

Section 10. Stock or bonds shall not be issued by any corporation save 
for labor done, or money or property actually received, and all fictitious 
increase of stock or indebtedness shall be void. 

Section 11. The General Assembly shall provide by law for the election 
of directors, trustees or managers of all corporations by the cumulative 
plan; that is to say, so that each stockholder shall be allowed to cast, in 
person or by proxy, as many votes as the number of shares he owns multi¬ 
plied by the number of directors, trustees or managers to be elected, the 
same to be cast for any one candidate or to be distributed among two or 
more candidates. 

Section 12. Corporations shall not engage in any business except that 
specifically authorized by their charter. 

Section 13. The General Assembly shall enact laws to prevent all trusts, 
combinations, contracts and agreements inimical to the public welfare ; and 
to prevent abuses, unjust discrimination and extortion in all charges of 
transporting and transmitting companies, and shall pass laws for the super¬ 
vision and regulation of such companies, by Commission or otherwise, and 
shall provide adequate penalties: to the extent, if necessary for that pur¬ 
pose, of forfeiture of their franchises. 

Section 14. A Commission is hereby established, to be known as “ The 
Railroad Commission,” which shall be composed of three members, and 
whose powers and duties, manner of election and term of office shall be 
regulated by law : and, until otherwise provided by law, the said Commis¬ 
sioners shall have the same powers and jurisdiction, perform the same 
duties and receive the same compensation as now conferred, prescribed and 
allowed by law to the existing Railroad Commissioners. 

Section 15. Every employee .of any corporation doing business in this 
State shall have the same rights and remedies for any injury suffered by 
him from the act or omission of such corporation or its employees as are 
allowed by law to other persons not employees. And when death ensues 
from any injury to an employee the legal or personal representative of such 
employee shall have the same rights and remedies as are allowed by law to 
such representatives of other persons. Any contract, or agreement, 
expressed or implied, made by any employee to waive the benefit of this 
Section shall be null and void. 

Section 16. All existing charters or grants of corporate franchise under 
which organizations have not in good faith taken place at the adoption of 
this Constitution shall be subject to the provisions of this Article ; and all 
such charters under which organizations shall not in good faith take place 
and business be commenced within one year from the adoption of this Con¬ 
stitution shall thereafter have no validity. 

Section 17. The General Assembly shall never remit the forfeiture of the 
franchise of any corporation now existing, nor alter nor amend the charter 
thereof, nor pass any general or special law for the benefit of such corpo¬ 
ration except upon the condition that such corporation shall thereafter 





266 


JOURNAL OF PROCEEDINGS, 


hold its charter and franchise subject to the provision of this Constitution, 
and the reception by any corporation of any provision of any such laws, or 
the taking of any benefit or advantage from the same, shall be conclusively 
held an agreement by such corporation to hold through its charter and 
franchises under the provisions of this Article. 

Section 18. The stockholders of all corporations in case of insolvency 
shall be individually liable to the creditors thereof only to the extent of 
the amount remaining unpaid upon the stock owned by them. 

Section 19. The General Assembly shall enforce the provisions of this 
Article by appropriate legislation. 

UNFINISHED BUSINESS. 

No. 9. Article proposed by Committee on Municipal Corporations 
and Police Regulations. 

Mr. D. S. HENDERSON moved to reconsider Section 12 ; which 
was agreed to. 

Mr. GEORGE JOHNSTONE moved to strike out Section 12 as 
amended and insert the following in lieu thereof; which was agreed 
to, and adopted as Section 12 : 

Section 12. No armed police force or representatives of a detective agency 
shall ever be brought into this State for the suppression of domestic 
violence; nor shall any other character of armed or unarmed body of men 
be brought in for that purpose except upon the application of the General 
Assembly or of the Executive of this State (when the General Assembly is 
not in session), as provided in the Constitution of the United States. The 
General Assembly shall provide proper penalties for the enforcement of 
this Section. 

Mr. D. S. HENDERSON, for the Committee on Municipal Corpo¬ 
rations and Police Regulations, to whom was recommitted Sections 1 
and 2 of No. 9, Articles proposed by Committee on Municipal Corpo¬ 
rations and Police Regulations, submitted the following report: 

REPORT OF THE COMMITTEE ON MUNICIPAL CORPORATIONS 
AND POLICE REGULATIONS AS TO SECTIONS 1 AND 2 OF 
THE ARTICLE FOR THE CONSTITUTION PROPOSED BY THEM. 

The Committee on Municipal Corporations and Police Regulations, to 
whom was recommitted Sections 1 and 2 of the Article proposed by them, 
respectfully report that they have carefully considered same, and recom¬ 
mend that said Sections as amended by the Convention do pass with the 
following proviso to be added at the end of Section 2: “ Provided , That 
nothing in Sections 1 and 2 of this Article shall be construed as prohibiting 
the General Assembly from providing for the incorporation of the manu¬ 
facturing towns of this State, under such restrictions and regulations as 
shall protect the rights of the citizens and prevent unjust encroachments 
upon property.” 

All of which is respectfully submitted. 

D. S. HENDERSON, 
Chairman of Committee. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 267 


Mr. B. R. TILLMAN moved to amend Section 1 by adding : “Pro¬ 
vided , That a class to be known as the manufacturing towns shall be 
provided by the General Assembly, and may be incorporated when¬ 
ever the population of such a community shall number one thousand, 
under such restrictions and regulations as shall protect the rights of 
the citizen and prevent unjust encroachments upon property. In 
such towns no property qualifications shall be required to vote in 
municipal elections.” 

Mr. D. S. HENDERSON moved to continue Sections 1 and 2 from 
day to day until the Committee on Suffrage reported. 

Section 9. Mr. D. S. HENDERSON moved to lay on the table the 
substitute proposed by Mr. Barker, printed in the Journal of yester¬ 
day ; which was agreed to. 

Mr. D. S. HENDERSON moved to amend lines 8 and 9 by strik¬ 
ing out the words “ or revenue bondswhich was agreed to. The 
Section as amended was adopted. 

Section 14. Mr. SHEPPARD moved to indefinitely postpone the 
substitute proposed by Mr. Clayton, printed in yesterday’s Journal. 

After debate, participated in by Messrs. Sheppard, Clayton, Efird, 
Jervey, B. R. Tillman, Bowman, McCalla, VonKolnitz, Talbert, 
Burn, Stanyarne Wilson, Watson, McCaslan, Smalls, W. J. Mont¬ 
gomery, Wharton, Me White, Buist, Patton, Hamel, Rogers, Hut¬ 
son, Breazeale and Stribling, 

Mr. B. R. TILLMAN moved that debate be adjourned on this Sec¬ 
tion until to-morrow ; which was agreed to. 

The pending question being the motion of Mr. SHEPPARD to 
indefinitely postpone. 

On motion of Mr. W. D. EVANS, the Convention, at 2.15 P. M., 
receded from business until 8 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 8 P. M. 

Mr. McCOWN asked and obtained indefinite leave of absence for 
his colleague Mr. Clayton on account of the death of his mother. 

The following gentlemen were granted leave of absence until Monday, 
Messrs. Mitchell, Woodward, Bates and Doyle. 




268 


JOURNAL OF PROCEEDINGS, 


UNFINISHED BUSINESS. 

SECOND BEADING. 

The Convention resumed the consideration of No. 10, report of the 
Committee on Legislative Department. 

Section 1 was adopted as reported by the Committee. 

Section 2. Mr. SLIGH moved to amend line 2 by striking out the 
word “fourth” and inserting the word “ second ” in lieu thereof. 

The question being put: 4< Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 92 ; nays, 41. 

Those who voted in the affirmative are : 

Yeas—Hon. Jno.Gary Evans, President, and Messrs. Anderson, Aus¬ 
tin, Barker, Barton, Bellinger, Bobo, T. W. Brice, Bryan, Buist, Byrd, 
Cantey, Carver, DeHay, Dennis, Douglass, Efird, Fitch, Fraser, Garris, 
Gary, Gooding, Graham, Gray, Gunter, Harrison, Hay, Hemphill, 
Wm. Henderson, Henry, Howell, Hutson, Irby, T. E Johnson, George 
Johnstone, Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, 
Klugh, Lee, Lowman, McCalla, McCaslan, McCown, McGowan, 
McKagen, McMahan, McMakin, McWhite, Matthews, Meares, Miller, 
J. D. Montgomery, Moore, Morrison, Mower, Murray, Nash, Nichol¬ 
son, Oliver, Otts, Parler, Patterson, Patton, Peake, Perritte, Rags¬ 
dale, J H. Read, Redfearn, I. R. Reed, Rosborough, Rowland, Shep¬ 
pard, Shuler, Singletary, Sligh, Smalls, A J. Smith, R. F. Smith, 
Talbert, B. R. Tillman, Timmerman, Waters, Watson, Wharton, 
Whipper,Wigg, Wiggins, Stanyarne Wilson,Winkler, and Woodward. 
—92. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Alexander, Ashe, Atkinson, Bates, Berry, 
Bowen, Bowman, Breazeale, J. S. Brice, Cunningham, Doyle, Dudley, 
Ellerbe, W. D. Evans, Field, Floyd, Gage, Gilland, J. L. Glenn, J. P. 
Gleun, Hamel, Harris, D. S. Henderson, Houser, Jervey, W. J. 
Montgomery, Parrott, Prince, Rogers, Russell, Jeremiah Smith, 
Smoak, Sprott, Stribling, Sullivan, Taylor, G. D. Tillman, Wells, 
A. H. White, and S. E. White.—41. 

The Section as amended was adopted. 

Section 3. Mr. SLIGH moved to amend line 3 by striking out the 
words fi ‘consists of” and inserting in lieu thereof the word f ‘consti¬ 
tute,” which was agreed to; 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 269 


Also to amend line 14 by striking out “7” after the word “Beaufort” 
and inserting in its stead the figure “4which was agreed to. 

Also to strikeout figure “2” after the word “Clarendon” in line 15, 
and insert the figure “3 ;” which was agreed to. 

Mr. BARKER, moved to amend line 15 hy striking out “6” after 
“ Berkeley” and inserting “4 which was agreed to. 

Also online 15, to strike out “7” after “Charleston” and insert 
“9 ;” which was agreed to. 

The Section as amended was adopted, except as to “Saluda” and 
“ Edgefield ” Counties, which, on motion of Mr. SHEPPARD, was 
passed until to-morrow. 

Section 4 was adopted as reported by the Committee. 

Section 5 was adopted as reported by the Committee. 

Section 6. Mr. WILSON moved the following as a substitute to 
Section 6 : 

Section 6. The Senate shall he composed of not less than 35 nor more 
than 50 members. The General Assembly shall, whenever it deems neces¬ 
sary, fix the number of Senators and divide the State into as many Sena¬ 
torial Districts as there are Senators, which districts, as nearly as may he, 
shall he equal to each other in number of inhabitants entitled to represent¬ 
ation. Each district shall he entitled to one Senator and no more, and 
shall he composed of compact and contiguous territory, and no portion of 
any County shall be attached to any other County or part thereof so as to 
form a district,, and the districts as thus ascertained and determined shall 
continue until changed hy law. Until the number of Counties shall exceed 
fifty, each County shall constitute a Senatorial District and he entitled to 
one Senator, to be elected for the term of four years hy the qualified voters 
of the State in the same manner in which members of the House of Repre¬ 
sentatives are chosen. 

Which, on motion of Mr. SLIGH, was laid on the table. 

Mr. RAGSDALE moved to amend line 2, after the word “ voters,” 
to strike out the words “of the State,” and insert in lieu thereof the 
words “ in each County.” 

Which was agreed to. 

Mr. BARKER moved to amend Section 6 by inserting after the 
word “County” on line 1 the words “ except the County of Charles¬ 
ton, which shall be allowed two Senators.” 

After debate hy Messrs. Barker, B. R. Tillman, Fitch, Sligh, Buist 
and McMahan, 

Mr. SLIGH moved to lay on the table the amendment proposed by 
Mr. Barker. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 




270 


JOURNAL OF PROCEEDINGS, 


The yeas and nays were requested, and are as follows : 

Yeas, 109 ; nays, 29. 

Those who voted in the affirmative are : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ashe, 
Atkinson, Austin, Barry, Barton, Bates, Behre, Bellinger, Berry, 
Bobo, Bowen, Bowman, Breazeale, J. S. Brice, T. W. Brice, Buist, 
Byrd, Cantey, Carver, Cooper, Cunningham, Dellay, Dennis, Doug¬ 
lass, Doyle, Efird, Ellerbe, W. D. Evans, Field, Gage, Garris, Gary, 
J. L Glenn, J. P. Glenn, Gooding, Gray, Gunter, Hamel, Harris, 
Harrison, Haynsworth, Hemphill, D. S. Henderson, Wm, Henderson, 
Henry, Houser, Howell, Irby, T. E. Johnson, George Johnstone, 
Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Lowman, Mc- 
Calla, McCaslan, McCown, McKagen, McMakin, Me White, Matthews, 
Meares, J. D. Montgomery, Moore, Morrison, Mower, Murray, Nash, 
Nicholson, Otts, Parler, Parrott, Patterson, Patton, Peake, Perritte, 
Prince, Ragsdale, Redfearn, Rosborongh, Rowland, Russell, Sheppard, 
Shuler, Singletary, Sligh, Sloan, A. J. Smith, Jeremiah Smith, 
Smoak, Sprott, Stribling. Sullivan, Talbert, Taylor, B. R. Tillman, 
Waters, Watson, Wells, Wharton, A. H. White, S. E. White, Wig¬ 
gins, Stanyarne Wilson, Winkler, and Woodward.—109. 

Those who voted in the negative are : 

Messrs. Aldrich, Anderson, Barker, Bryan, Dudley, Farrow, Fitch, 
Fraser, Graham, Hay, Hutson, Jervey, Klugh, Lee, McGowan, Mc¬ 
Mahan, Miller, W. J. Montgomery, Oliver, J. H. Read, I. R. Reed, 
Rogers, Smalls, R. F. Smith, G. D. Tillman, Timmerman, VonKol- 
nitz, Whipper, and Wigg.—29. 

Section 6 was adopted as amended. 

Section 7. Mr. ALDRICH moved the following as a substitute for 
Section 7 : 

Section 7. No person shall be eligible to or take or retain a seat in the 
House of Representatives unless he is a white man, who has attained the 
age of twenty-one years, has been a citizen and a resident of this State 
three years next preceding the day of election, and has been for the last 
six months of this time, and shall continue to be, a resident of the County 
which he is to represent. 

After debate by Messrs. Aldrich and B. R. Tillman, 

Mr. B. R. TILLMAN moved to lay the substitute on the table. 

The question being put: “Will the Convention agree thereto?” 
it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 102; nays, 25. 

Those who voted in the affirmative are : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 271 


Yeas—Hon. Jno. Gary Evans, President, and Messrs. Anderson, 
Ashe, Atkinson, Austin, Barry, Behre, Bobo, Bowen, Bowman, J. S. 
Brice, T. W. Brice, Bryan, Buist, Cantey, Carver, Cunningham, 
Dellay, Dennis, Douglass, Doyle, Dudley, W. D. Evans, Farrow, 
Field, Floyd, Fraser, Garris, Gary, J. P. Glenn, Gooding, Graham, 
Gray, Gunter, Hamel, Harrison, Hay, Haynsworth, Hemphill, D S. 
Henderson, Wm. Henderson, Henry, Houser, Howell, Hutson, Irby, 
T. E. Johnson, George Johnstone, Wilie Jones, Keitt, J. W. Ken¬ 
nedy, Klugh, Lee, Lowman, McCalla, McCaslan, McCown, McGowan, 
McKagen, McMakin, Me White, Miller, W. J. Montgomery, Morrison, 
Mower, Murray, Nash, Nicholson, Otts, Parler, Patton, Peake, Per- 
ritte, Prince, Ragsdale, J. H. Read, Redfearn, I. R. Reed, Ros- 
borough, Sheppard, Sligh, Sloan, Smalls, A. J. Smith, Jeremiah 
Smith, R. F. Smith, Smoak, Sprott, Stribling, Sullivan, B. R. Till¬ 
man, G. D. Tillman, Timmerman, Waters, Watson, Wharton, 
Whipper, A. H. White, Wigg, Wiggins, Stanyarne Wilson, and 
Winkler.—102. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Barker, Barton, Bellinger, Berry, Cooper, 
Efird, Ellerbe, Fitch, Gage, J. L. Glenn, E. J. Kennedy, McMahan, 
Meares, J. D. Montgomery, Moore, Parrott, Patterson, Rogers, 
Russell, Shuler, Talbert, Taylor, Wells, and White.—25. 

The PRESIDENT announced the following Committee in accord¬ 
ance with the resolution introduced by Mr. Miller this morning: 
Messrs. Bowman, McCalla and Miller. 

On motion of Mr. SLIGH, at 11 P. M., the Convention adjourned 
until 11 A. M. to-morrow. 


SEVENTEENTH DAY. 


Saturday, September 28, 1895. 

The Convention assembled at 11 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 





272 


JOURNAL OF PROCEEDINGS, 


The Journal of yesterday's proceedings was read and confirmed. 

The following gentlemen were granted leave of absence until Mon¬ 
day evening: Messrs. Sheppard, Meares, Ragsdale, Sullivan, Rogers, 
Irby, McCalla, Mower and Sligh. 

The following gentlemen were granted leave of absence until Tues¬ 
day evening: Messrs. Houser, Cunningham, Sprott and Mitchell. 

Mr. NASH asked and obtained leave of absence until Wednesday 
next. 

Mr. READ asked and obtained indefinite leave of absence. 
RESOLUTIONS. 

Mr. PATTON offered the following, which was read the first time 
and ordered for consideration to-morrow : 

Besolved, That we, the delegates of the people of South Carolina, assem¬ 
bled in convention for the purpose of framing a Constitution for a free 
and independent people, extend our hearty sympathy to the Cuban patriots 
now struggling for the same precious right. 

\ 

On motion of Mr. PATTON, printing and reference was dispensed 
with. 

Mr. FLOYD, from the Committee on Militia, introduced the fol¬ 
lowing, which was read the first time and referred to the Committee 
on Finance and Taxation : 

[Report not furnished.— Printer.] 

Mr. D. S. HENDERSON introduced the following resolution Sep¬ 
tember 11th, which was read the same day and referred to the Com¬ 
mittee on Miscellaneous Matters : 

RESOLUTION AS TO THE GRANTING OF DIVORCES IN THIS 

STATE. 

Be it resolved and ordained by the people of the State of South Carolina, 
in convention assembled, and by the authority of the same, That the follow¬ 
ing provisions shall constitute Section-of Article-of the Constitu¬ 

tion of this State: 

Divorces from the bands of matrimony shall not be allowed but by the 
judgment of a Court rendered upon the verdict of a jury; and no divorce 
shall be granted except for adultery; and the guilty party shall not be per¬ 
mitted to marry again. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 273 


REPORTS OF STANDING COMMITTEES. 

Mr. FLOYD, from the Committee on Militia, submitted the fol¬ 
lowing, which was read the first time and ordered for consideration 
to-morrow : 

REPORT OF THE COMMITTEE ON MILITIA. 

To the Constitutional Convention of South Carolina: 

We have had referred to us the following resolutions, w r hich we have 
carefully considered, and herewith return to the Convention: 

Resolution by Mr. Wilie Jones, printed in Friday’s Journal, September 
13th, page 11. 

Resolution by Mr. W. H. Timmerman, printed in Monday’s Journal, Sep¬ 
tember 16th, page 9. 

Resolution by Mr. J. H. Wharton, printed in Tuesday’s Journal, Septem¬ 
ber 17th, page 8. 

Resolution by Mr. J. S. Brice, printed in Wednesday’s Journal, September 
18th, page 18. 

The Committee on Militia, to whom was referred Article XIII of the 
Constitution, beg leave to report that they have carefully considered the 
same and unanimously recommend that the following be adopted as Article 
XIII of the new Constitution. 

Respectfully submitted. 

J. W. FLOYD, Chairman, 

For the Committee. 

MILITIA. 

Article XIII. 

Section 1. The militia of this State shall consist of all able-bodied male 
citizens of the State between the ages of eighteen and forty-five years, 
except such persons as are now, or may be, exempted by the laws of the 
United States or this State, or who from religious scruples maybe averse to 
bearing arms; and shall be organized, officered, armed, equipped and disci¬ 
plined as the General Assembly may by law direct. 

Section 2. The volunteer and military forces shall (except for treason, 
felony and breach of the peace) be exempt from arrest by warrant or other 
process while attending muster or the election of officers, or while going to 
or returning from either of the same. 

Section 3. The Governor shall have the power to call out the volunteer 
and militia forces, either or both, to execute the laws, repel invasions, sup¬ 
press insurrections and preserve the public peace. 

Section 4. There shall be an Adjutant and Inspector General elected by 
the qualified voters of the State, at the same time and in the same manner 
as other State officers, who shall rank as Brigadier General, and whose 
duties and compensation shall be prescribed by law, and the Governor shall, 
by and with the consent of the Senate, appoint such other staff officers as 
the General Assembly may direct. 

18—500 




274 


JOURNAL OF PROCEEDINGS, 


Section 5. The General Assembly is hereby empowered and required, at 
its first session after the adoption of This Constitution, to provide such 
proper and liberal legislation as will guarantee and secure an annual pen¬ 
sion to every indigent or disabled Confederate soldier and sailor of this 
State and of the late Confederate States who are citizens of this State, and 
also to the indigent widows of Confederate soldiers and sailors now dead. 

Mr. SHEPPARD, for the Committee on Rules, submitted the fol¬ 
lowing, which was considered immediately and agreed to: 

REPORT OF COMMITTEE ON RULES. 

To the President and Members of the Convention: 

The Committee on Rules respectfully report the following resolution 
and recommend its adoption: 

J. C. SHEPPARD, 

C. W. GARRIS, 

J, E. BREAZEALE. 

Resolved, That on and after Monday the 30th inst., the Convention shall 
meet daily at 10 A. M., and recede from business at 2 P. M. until 8 P. M., 
and adjourn at pleasure unless otherwise ordered. 

Adopted. 

Mr. FITCH, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following, which was considered immediately, 
agreed to, and the account ordered paid : 

The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred the bill of Charles A. Calvo, Jr., for printing, amounting to three 
hundred and sixty-two dollars and ninety-two cents, respectfully report 
that they have carefully considered the same, and recommend that the 
sum of three hundred and sixty-two dollars and ninety-two cents be paid. 

All of which is respectfully submitted. 

W. M. FITCH, 

For Committee. 

Mr. MOWER, for the Committee on Declaration of Rights, sub¬ 
mitted the following, which was ordered for consideration to-morrow : 

REPORT OF THE COMMITTEE ON DECLARATION OF RIGHTS 
PROPOSING ARTICLE I OF THE CONSTITUTION. 

To the Constitutional Convention: 

Your Committee on the Declaration of Rights beg leave to submit here¬ 
with an Article on Declaration of Rights, to be known as Article I of the 
Constitution. 

Your Committee has had before it for consideration the following 
papers: 

1. By Mr. Aldrich (Article IX), fourth day, Journal, page 34. 

2. By Mr. Patton, fifth day, Journal, page 4. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 27 5 


3. By Mr. Sloan, sixth day, Journal, page 4. 

4. By Mr. I. R. Reed, seventh day, Journal, page 9. 

5. By Mr. Parler, eighth day, Journal, page 4. 

6. By Mr. Meares, eighth day, Journal, page 4. 

7. By Mr. Mower, eighth day, Journal, page 14. 

And herewith return them to you. 

Respectfully submitted. 

GEO. S. MOWER, for Committee. 


We, the people of the State of South Carolina, in convention assembled, 
grateful to God for our liberties, do ordain and establish this Constitution 
for the preservation and perpetuation of the same. 

ARTICLE I. 

Declaration of Rights. 

Section 1. All political power is vested in and derived from the people 
only. Therefore, they have the right at all times to modify their form of 
government in such manner as they may deem expedient when the public 
good demands. 

Section 2. All powers not herein delegated are reserved to the people; 
nor shall the enumeration of certain rights herein be construed to deny or 
disparage others retained by the people. 

Section 3. Representation shall be apportioned according to population. 

Section 4. The General Assembly ought frequently to assemble for the 
redress of grievances and for making new laws as the common good may 
require. 

Section 5. The General Assembly shall make no law respecting an estab¬ 
lishment of religion or prohibiting the free exercise thereof, or abridging the 
freedom of speech or of the press, or the right of the people peaceably to 
assemble and to petition the Government, or any department thereof, for 
a redress of grievances. 

Section 6. The privileges and immunities of citizens of this State and of 
the United States, under this Constitution, shall not be abridged, nor shall 
any person be deprived of life, liberty, or property, without due process of 
law, nor shall any person be denied equal protection of the laws. 

Section 7. All property subject to taxation shall be taxed in proportion 
to its value. 

Section 8. No tax, subsidy, charge, impost tax, or duties shall be estab¬ 
lished, fixed, laid or levied, under any pretext whatsoever, without the con¬ 
sent of the people or their representatives lawfully assembled. 

Section 9. No bill of attainder, ex post facto law, law impairing the obli¬ 
gation of contracts, nor law granting any title of nobility or hereditary 
emolument shall be passed, and no conviction shall work corruption of 
blood or forfeiture of estate. 

Section 10. The right of citizens of this State to vote shall not be denied 
or abridged on account of race, color, or previous condition of servitude. 

Section 11. The right of suffrage as regulated in this Constitution shall 
be protected by laws regulating elections and prohibiting, under adequate 





276 


JOURNAL OF PROCEEDINGS, 


penalties, all undue influences from power, bribery, tumult or improper 
conduct. 

Section 12. All elections shall be free and open, and every inhabitant of 
this State possessing the qualifications provided for in this Constitution 
shall have an equal right to elect officers and be elected to fill public office. 

Section 13. No property qualification, unless prescribed in this Constitu¬ 
tion, shall be necessary for an election to, or the holding of, any office, and 
no office shall be created the election or appointment to which shall be for 
a longer term than good behavior. After the adoption of this Constitution 
any person who shall fight a duel or send or accept a challenge for that 
purpose, or be an aider or abettor in fighting a duel, shall be deprived of 
holding any office of honor or trust in this State, and shall be otherwise 
punished as the law shall prescribe. 

Section 14. Temporary absence from the State shall not forfeit a resi¬ 
dence once obtained. 

Section 15. The power of suspending the laws or the execution of the 
laws shall only be exercised by the General Assembly or by its authority in 
particular cases expressly provided for by it. 

Section 16. In the government of this State the legislative, executive 
and judicial powers of the government shall be forever separate and dis¬ 
tinct from each other, and no person or persons exercising the functions of 
one of said departments shall assume or discharge the duties of any other : 
Provided, That nothing herein contained shall be construed to deprive the 
Judicial Department of the power to determine whether the Acts of the 
General Assembly are in conflict with the provisions of this Constitution. 

Section 17. Neither slavery nor involuntary servitude, except as a pun¬ 
ishment for crime whereof the party shall have been duly convicted, shall 
exist in this State. 

Section 18. All Courts shall be public, and every person shall have speedy 
remedy therein for wrongs sustained. 

Section 19. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall not be 
violated, and no warrants shall issue but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to be searched 
and the person or thing to be seized. 

Section 20. No person shall be held to answer for any crime where the 
punishment exceeds a fine of one ($100) hundred dollars or imprisonment 
for thirty (30) days unless on a presentment or indictment of a Grand Jury 
of the County where the crime shall have been committed, except in cases 
arising in the land or naval forces or in the militia, when in actual service 
in time of war or public danger; nor shall any person be subject for the 
same offense to be twice put in jeopardy of life or liberty; nor shall be 
compelled in any criminal case to be a witness against himself; nor be 
deprived of life, liberty or property without due process of law; nor shall 
private property be taken for public use without just compensation. 

Section 21. In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial by an impartial jury of the County where the 
crime shall have been committed, and to be fully informed of the nature 
and cause of the accusation; to be confronted with the witnesses against 
him; to have compulsory process for obtaining witnesses in his favor, and 
to be fully heard in his defense by himself, or by his counsel, or by both. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 277 


Section 22. Excessive bail shall not be required, nor excessive fines im¬ 
posed, nor cruel and unusual punishment inflicted, nor shall witnesses be 
unreasonably detained. Corporal punishment shall not be inflicted. The 
power to punish for contempt shall not in any case extend to imprisonment 
in the State Penitentiary. 

Section 23. All persons shall, before conviction, be bailable by sufficient 
sureties, except for capital offenses, when the proof is evident or the pre¬ 
sumption great. 

Section 24. In all indictments or prosecutions for libel the truth of the 
alleged libel may be given in evidence and the jury shall be the judges of 
the law and the facts. 

Section 25. Treason against the State shall consist alone in levying war 
or in giving aid and comfort to enemies against the State. No person shall 
be held guilty of treason except upon testimony of at least two witnesses 
to the same overt act, or upon confession in open court. 

Section 26. The privilege of the writ of habeas corpus shall not be sus¬ 
pended unless when, in case of insurrection, rebellion, or invasion, the 
public safety may require it. 

Section 27. No person shall be imprisoned for debt except in cases of 
fraud, and a reasonable amount of property, as a homestead, shall be 
exempted from seizure or sale for the payment of any debts or liabilities, 
except for the payment of such debts or liabilities as are provided for in 
this Constitution. 

Section 28. The right of trial by jury shall be preserved inviolate. 

Section 29. A well regulated militia being necessary to the security of a 
free State, the right of the people to keep and bear arms shall not be in¬ 
fringed. As in times of peace armies are dangerous to liberty, they shall 
not be maintained without the consent of the General Assembly. The 
military power of the State shall always be held in subordination to the 
civil authorities and be governed by it. No soldier shall in time of peace 
be quartered in any house without the consent of the owner, nor in time of 
war but in the manner to be prescribed by law. 

Section 30. No person shall, in any case, be subject to martial law, or to 
any pains or penalties by virtue of that law, except those employed in the 
army and navy of the United States, and except the militia in actual service, 
but by the authority of the General Assembly. 

Section 31. No person who has conscientious scruples against bearing 
arms shall be compelled to do so, but he shall pay an equivalent for per¬ 
sonal service. 

Section 32. All navigable waters shall forever remain public highways, 
free to the citizens of the State and United States without tax, impost or 
toll imposed; and no tax, toll, impost or wharfage shall be imposed, de¬ 
manded or received from the owner of any merchandise or commodity for 
the use of the shores, or any wharf erected on the shores, or in or over the 
waters of any navigable stream, unless the same be authorized by the Gen¬ 
eral Assembly. 

Section 33. The provisions of the Constitution shall be taken, deemed 
and construed to be mandatory and prohibitory, and not merely directory, 
except when expressly made directory or permissive by its own terms. 




278 


JOURNAL OF PROCEEDINGS, 


THIRD READING. 

Calendar No. 13, Article reported by the Committee on Executive 
Department. 

Mr. GAGE asked and obtained permission to amend as follows: 
Strike out all of Section 9 and insert: 

Section 9. In case of the removal of the Governor from office by impeach¬ 
ment, death, resignation, disqualification, disability, or removal from the 
State, the Lieutenant-Governor shall then be Governor; and in case of the 
removal of the last named officer from his office by impeachment, death, 
resignation, disqualification, disability, or removal from the State, the Pres¬ 
ident pro tempore of the Senate shall be Governor. And the last named 
officer shall then forthwith by proclamation convene the Senate in order that 
a President pro tempore may be chosen. In case the Governor be im¬ 
peached, the Lieutenant-Governor shall act in his stead and have his 
powers until judgment in the case has been pronounced. 

Which was agreed to. 

Mr. EFIRD asked and obtained permission to amend Section 15, 
line 4, original Bill, by striking out “to" and inserting “ forwhich 
was agreed to. 

Mr. McMAHAN asked permission to amend Section 3, lines 1 and 
2, by striking out after “Governor” the words “who denies the ex¬ 
istence of the Supreme Being orwhich the Convention refused to 
entertain. 

Also permission to amend Section 3, line 2, by inserting after the 
words “Supreme Being” the words “ or who takes his name in vain ;” 
which the Convention refused to entertain. 

The Article as amended was read the third time and ordered sent 
to the Committee on Order, Style and Revision. 

UNFINISHED BUSINESS. 

Calendar No. 9, Article proposed by the Committee on Municipal 
Corporations and Police Regulations. 

On motion of Mr. McCOWN, owing to the unavoidable absence of 
Mr. Clayton, debate on this number was adjourned until Monday next. 

Calendar No. 10, Report of Committee on Legislative Department, 
was taken up. 

Section 3. On motion of Mr. SHEPPARD, Section 3 was adopted 
as amended yesterday. 

Section 7. Mr. B. R. TILLMAN moved to amend line 3 by striking 
out “ one ” before “year ” and inserting “ two ” in lieu thereof ; which 
was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 279 


Also, line 4, by striking out “ three months* and inserting in lieu 
thereof the words “ one year which was agreed to. 

Mr. BARKER moved the following as a substitute for the Section 
as amended : 

“No person shall be eligible to a seat in the Senate or House of Repre¬ 
sentatives who, at the time of his election, is not a duly qualified elector, 
under this Constitution, in the County whence he may be chosen. Senators 
shall be at least twenty-five and Representatives at least twenty-one years 
of age.” 

Which was agreed to. 

Mr. S. E. W^HITE moved to amend by adding the words “and a 
freeholder” to the end of Section 7. 

On motion of Mr. SHEPPARD, the amendment was laid on the 
table. 

The substitute was then adopted as Section 7. 

Section 8. Mr. SHEPPARD moved to amend Section 8 by adding 
to the end thereof the following: 

“On the same day of the same month, except in Counties in which there 
was an election for Senator for a full term, in 1894 in which Counties no 
election for Senator shall be held until the general election to be held in 
1898, except to fill vacancies. 

Which was agreed to. 

On motion of Mr. SHEPPARD, debate on the Section was ad¬ 
journed until Monday next. 

Section 9. Mr. GRAY moved to amend as follows: Line 2, strike 
out “fourth” and insert “second” in lieu thereof. 

Which was agreed to. 

Also, same line, to strike out “November” and insert “January” 
in lieu thereof. 

Which was agreed to. 

Mr. B. R. TILLMAN moved to amend by adding the following 
words to the end of the Section : 

Members of the General Assembly shall not receive any compensation 
for more than forty days of any one session: Provided, That this limita¬ 
tion shall not affect the first four sessions of the General Assembly under 
this Constitution. 

After debate by Messrs. Ellerbe, Hemphill, B. R. Tillman, Watson, 
Doyle, G. D. Tillman, Meares, Klugh, Johnstone, Patton, Sligh, 
Gary and Derham, 

Mr. DERHAM moved to lay the amendment on the table, 




280 


JOURNAL OF PROCEEDINGS, 


The question being put: “Will the Convention agree thereto ?” it 
was decided iu the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 56 ; nays, 76. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Ashe, Atkinson, Behre, Bellinger, Bowen, 
Bowman, Cantey, Cooper, Cunningham, Derham, Doyle, Efird, 
Ellerbe, W. D. Evans, Farrow, Field, Eraser, Gage, Gary, J. L. Glenn, 
Hay, Hemphill, D. S. Henderson, Howell, Jervey, George Johnstone, 
Keitt, E. J. Kennedy, Klugh, Lee, McCown, Mitchell, J. D. Mont¬ 
gomery, W. J. Montgomery, Oliver, Patterson, Patton, J. H. Read, 
Redfearn, I. R. Read, Rogers, Shuler, Sloan, Smalls, Jeremiah Smith, 
R. F. Smith, W. C. Smith, Smoak, Sprott, Stribling, Taylor, Tim¬ 
merman, Watson, A. H. AVhite, S. E. White, and Winkler.—56. 

Those who voted in the negative are : 

Kays—Hon. Jno. Gary Evans, President, and Messrs. Alexander, 
Austin, Barker, Barry, Barton, Berry, Bobo, Breazeale, J. S. Brice, 
T. W. Brice, Buist, Byrd, Carver, DeHay, Dennis, Dent, Douglass, 
Dudley, Fitch, Garris, Gilland, J. P. Glenn, Graham, Gray, Gunter, 
Hamel, Harris, Harrison, Haynsworth, Wm. Henderson, Henry, 
Hodges, Houser, T. E. Johnson, Wilie Jones, J. W. Kennedy, Low- 
man, McCaslan, McKagen, McMahan, McMakin, McWhite, Meares, 
Miller, Moore, Morrison, Mower, Murray, Nash, Nicholson, Otts, 
Parler, Parrott, Peake, Perritte, Prince, Ragsdale, Rosborough, 
Rowland, Russell, Sheppard, Sligh, A. J. Smith, Sullivan, Talbert, 
B. R. Tillman, G. D. Tillman, VonKolnitz, Waters, Wells, Wharton, 
Whipper, Wigg, Wiggins, and Stanyarne Wilson.—76. 

Mr. KLUGH moved to amend by adding to the end of the Section 
the following : 

Provided, That by concurrent resolution adopted by two-thirds of each 
House on a yea and nay vote the term may be extended ten days. 

Mr. MEARES moved to lay this amendment on the table; which 
was agreed to. 

The Section as amended was adopted. 

Mr. STANYARNE WILSON moved to reconsider the vote 
whereby the Section as amended was adopted, and to lay that motion 
on the table; which was agreed to. 

Sections 10 and 11 were adopted as reported by the Committee. 

Section 12. Mr. GAGE moved to amend line 2 by striking out 
“proceeding” and inserting iu lieu thereof “procedure;” which was 
agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 281 


The Section as amended was adopted. 

Section 13. Mr. GAGE moved to amend line 4 by inserting after 
“ harm ” the word “ thewhich was agreed to. 

The Section as amended was adopted. 

Sections 14 and 15 were adopted as reported by the Committee. 

Section 16. Mr. STANYARNE WILSON moved the following as 
a substitute: 

Section 16. The style of all laws shall he : “Be it enacted by the General 
Assembly of the State of South Carolina;” which was agreed to. 

The substitute was adopted as Section 16. 

Sections 17 and 18 were adopted as reported by the Committee. 

Section 19. On motion of Mr. BELLINGER, Section 19 was 
stricken out. 

Section 20. Mr. DERHAM moved to amend Section 20 by adding 
the following: 

Provided, that after four sessions held under this Constitution each 
member of the General Assembly elected under this Constitution shall 
receive an annual salary of one hundred and fifty dollars and the further 
sum of ten cents for every mile of the ordinary route of travel in going to 
and returning from the place where such session is held. 

On motion of Mr. SHEPPARD, the amendment was laid on the 
table. 

Mr. LEE moved to amend as follows : 

Section 20. On line 2 by striking out the words “three dollars per diem” 
and insert in lieu thereof the following wsrds: “ Such compensation as 
may be provided by law.” 

On motion of Mr. AUSTIN, the amendment was laid on the table. 

Mr. GRAY moved to amend as follows : Online 2 strike out the 
word “ three ” and insert u four.” 

Mr. T. E. JOHNSON moved to lay the amendment on the table. 

The question being put: a Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Y r eas, 63 ; nays, 68. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Atkinson, Austin, Barton, Behre, Berry, 
Bobo, Bowen, Bowman, J. S. Brice, T. W. Brice, Buist, Byrd, Car¬ 
ver, Cunningham, Dent, Doyle, Dudley, Efird, Farrow, Field, Gage, 
Gilland, J. L. Glenn, Graham, Harris, Harrison, Hay, D. S. Hender- 





282 


JOURNAL OF PROCEEDINGS, 


son, Wm. Henderson, Hodges, Houser, Howell, T. E. Johnson, Low- 
man, McCaslan, McOowan, McKagen, McMahan, McMakin, Me White, 
Matthews, Moore, Mower, Nash, Nicholson, Parler, Parrott, Prince, 
Russell, Sheppard, Shuler, R. F. Smith, Sprott, Stribling, Sullivan, 
Talbert, Timmerman, W^atson, Wells, A. H. White, S. E. White, and 
Stanyarne Wilson.—63. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Ashe, Barker, Barry, Bellinger, Breazeale, Cantey, Cooper, DeHay, 
Dennis, Derham, Douglass, Ellerbe, W. D. Evans, Fitch, Fraser, 
Garris, Gary, J. P. Glenn, Gray, Gunter, Hamel, Haynsworth, Hemp¬ 
hill, Henry, Jervey, George Johnstone, Wilie Jones, Keitt, E. J. 
Kennedy, J. W. Kennedy, Klugh, Lee, Meares, Miller, J. D. Mont¬ 
gomery, W. J. Montgomery, Morrison, Murray, Oliver, Otts, Patter¬ 
son, Patton, Peake, Perritte, Ragsdale, Redfearn, I. R. Reed, Rogers, 
Rosborough, Rowland, Sligh, Sloan, Smalls, A. J. Smith, Jeremiah 
Smith, W. C. Smith, Smoak, Taylor, B. R. Tillman, G. D. Tillman, 
VonKolnitz, Waters, Wharton, Whipper, Wigg, and Winkler.—68. 

Mr. G. D. TILLMAN moved that when this Convention adjourn it 
stands adjourned until 12 M. Monday next. 

The question being put: u Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 82 ; nays, 47. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Atkinson, Austin, Barker, Behre, Bellinger, Bow¬ 
man, Breazeale, J. S. Brice, T. W. Brice, Byrd, Cunningham, Dent, 
Derham, Doyle, Efird, Ellerbe, W. D. Evans, Farrow, Fitch, Fraser, 
Gage, Garris, Gary, Gilland, J. L. Glenn, Gunter, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Henry, Hodges, Houser, Howell, George 
Johnstone, AVilie Jones, Keitt, E. J. Kennedy, Klugh, Lee, Lowman, 
McCown, McKagen, McMahan, McMakin, Matthews, Meares, Miller, 
J. D. Montgomery, W. J. Montgomery, Mower, Murray, Nash, Par¬ 
rott, Peake, Perritte, Prince, Ragsdale, Redfearn, I. R. Reed, Rogers, 
Rosborough, Rowland, Sheppard, Shuler, Sligh, Sloan, Smalls, A. J. 
Smith, Jeremiah Smith, Stribling, Sullivan, B. R. Tillman, G. D. 
Tillman, VonKolnitz, Whipper, AATgg, and Stanyarne Wilson.—82. 

Nays—Messrs. Barry, Barton, Berry, Bobo, Bowen, Buist, Cantey, 
Carver, Cooper, DeHay, Dennis, Douglass, Dudley, Field, J. P. 
Glenn, Graham, Gray, Hamel, Harris, Harrison, Wm. Henderson, 
T. E. Johnson, J. W. Kennedy, McCaslan, McWhite, Moore, Mor- 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 283 


rison, Nicholson, Oliver, Otts, Parler, Patterson, Russell, R. F. 
Smith, W. 0. Smith, Smoak, Sprott, Talbert, Taylor, Timmerman, 
Waters, Watson, Wells, Wharton, A. H. White, S. E. White, and 
Winkler.—47. 

The pending question being the amendment proposed by Mr. 
Gray. 

On motion of Mr. LOWMAN, the Convention, at 2:15 P. M., 
adjourned until 12 M. Monday. 


EIGHTEENTH DAY. 


Monday, September 30, 1895. 


The Convention assembled at 12 M. 

The Secretary called the roll. 

The Secretary announced that, owing to illness, the President 
was unable to preside, and requested Vice President Talbert to assume 
the duties of the Chair. 

Vice President Talbert took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of Saturday's proceedings was read and confirmed. 

Indefinite leave of absence was granted Messrs. Hemphill and 
Singletary. 

The VICE PRESIDENT called for memorials and such like 
papers. 


RESOLUTIONS. 

Mr. WHARTON introduced the following : 

Resolved, That speeches be limited to ten minutes on all subjects, except 
the suffrage question. 

Which was ordered for consideration to-morrow. 







284 


JOURNAL OF PROCEEDINGS, 


REPORT. 

The following was read the first time Saturday and referred to the 
Committee on Finance and Taxation, and should have been printed 
in Saturday's Journal: 

The Committee on Militia, to whom was referred an ordinance for exemp¬ 
tions from taxation of certain widows and Confederate soldiers, respect¬ 
fully report that they have carefully considered the same, and recommend 
that they he discharged from further consideration thereof, and .that the 
same he referred to the Committee on Finance and Taxation. 

All of which is respectfully submitted. 

J. W. FLOYD, 

For the Committee. 


UNFINISHED BUSINESS. 

Calendar No. 9, Articles proposed by the Committee on Municipal 
Corporations and Police Regulations. 

On motion of Mr. McCO WN, debate was postponed until to-morrow. 

Calendar No. 10, report of Committee on Legislative Department. 

Mr. EFIRD moved, in consideration of the absence of Mr. Sligh, 
Chairman of the Committee, that the Section be passed over for the 
present; which was agreed to. 

Nos. 11 and 12 were passed for the present. 

No. 14, report of Committee on Amendments. 

Mr. GEO. JOHNSTONE moved to amend Section 1, line 1, by 
striking out “of " and inserting “or ;" which was agreed to. 

Mr. STRIBLING moved to amend Section 1, line 9, by striking 
out “same" and inserting “such" in lieu thereof. 

Mr. McCOWN moved to amend line 8, Section 1, by striking out 
“ two-thirds" and inserting “ majority" in lieu thereof. 

On motion of Mr. GRAY, the amendment was laid on the table. 

The Section as amended was adopted. 

Section 2 was adopted as reported by Committee. 

Section 3. Mr. B. R. TILLMAN moved to amend line 7 striking out 
“ not less than" and inserting “ equal to " in lieu thereof. 

After debate by Messrs. Wigg, Johnstone and Timmerman, the 
amendment was adopted. 

The Section as amended was adopted. 

Mr. MILLER moved that the following be added as Section 4 : 

Section 4. Whenever a Constitution shall he made by a Constitutional 
Convention the said Constitution shall he submitted to the electors of the 
State for ratification. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 285 


After debate by Messrs. Sheppard and Miller, 

On motion of Mr. SHEPPARD, the proposed Section was laid on 
the table. 

The report of the Committee on Amendments having received a 
second reading, and being adopted as amended, was ordered engrossed 
for a third reading to-morrow. 

No. 16 was passed over. 

No. 18, report of Committee on Impeachments. Mr. B. R. TILL¬ 
MAN moved to amend Section 1 by adding the following to the end 
thereof : “And their places shall be filled during the trial in such 
manner as may be provided by lawwhich was agreed to. 

The Section as amended was adopted. 

Section 2. Mr. D. S. HENDERSON moved to amend line 4 by 
striking out “or the senior Judge” and inserting in lieu thereof, 
“ or, if he be disqualified, the senior Justice which was agreed to. 

The Section as amended was adopted. 

Section 3 was adopted as reported by the Committee. 

Section 4. Mr. LEE moved to amend line 8 by adding after 
“defense” the following: “or by his counsel or by both which 
was agreed to. 

The Section as amended was adopted. 

The report of the Committee on Impeachments as amended was 
adopted. Having received its second reading, it was ordered engrossed 
for a third reading to-morrow. 

No. 19 was passed over. 

No. 20, on motion of Mr. STANYARNE WILSON, was passed 
over to be taken up and considered in connection with the report of 
the Committee on Miscellaneous Matters. 

No. 21 was passed over. 

No. 22, a resolution relating to murder and manslaughter. After 
debate by Messrs. Stanyarne Wilson and Buist, the question being 
put, “Will the Convention agree to the unfavorable report of the 
Committee ?” the yeas and nays were requested, and are as follows : 

Yea3, 87 ; nays, 31. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Anderson, Atkinson, Barker, Behre, 
Bobo, Bowen, Bowman, Breazeale, Byrd, Cantey, Carver, Connor, 
Cooper, Dellay, Dennis, Dent, Douglass, Doyle, Efird, W. D. 
Evans, Farrow, Field, Floyd, Fraser, Gage, Garris, Gary, J. L. 
Glenn, Gray, Hamel, Harris, Harrison, Hay, D. S. Hender¬ 
son, Henry, Howell, Hutson, George Johnstone, Wilie Jones, 
E. J. Kennedy, J. W. Kennedy, Klugh, Lee, McCaslan, McCown, 



286 


JOURNAL OF PROCEEDINGS, 


McGowan, McKagen, McMakin, McWhite, Matthews, Miller, Mitchell, 
W. J. Montgomery, Moore, Nathans, Nicholson, Oliver, Otts, Parler, 
Patterson, Patton, Peake, Prince, Redfearn, I. R. Reed, Rosborough, 
Rowland, Russell, Sheppard, Sloan, Smalls, A. J. Smith, Jeremiah 
Smith, R. F. Smith, W. 0. Smith, Stribling, Sullivan, G. D. Till¬ 
man, VonKolnitz, Wharton, Whipper, A. H. White, Wigg, Wiggins, 
Stanyarne Wilson and Winkler.—87. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Ashe, Austin, Barton, Bellinger, Berry, 
J. S. Brice, Buist, Derham, Dudley, Ellerbe, J. P. Glenn, Graham, 
Haynsworth, Wm. Henderson, Hiers, Hodges, Jervey, Lowman, Mor¬ 
rison, Perritte, Smoak, Stackhouse, Stokes, Talbert, Taylor, B. R. 
Tillman, Timmerman, Watson, Wells and S. E. White.—31. 

So the Convention agreed to the unfavorable report of the 
Committee and the resolution was rejected. 

Numbers 23, 24, 25 and 26 were passed over. 

No. 27, report of Committee on Miscellaneous Matters. 

Section 1. Mr. MILLER moved to amend line 2 by striking out 
“ possess the qualification of” and insert or she-is.” 

On motion of Mr. SLOAN, the amendment was laid on the table. 

On motion of Mr. STANYARNE WILSON, Section 1 was passed 
over. 

Section 2 was adopted as reported by the Committee. 

Section 3. The following amendments were proposed to Section 3 : 

By Mr. D. S. HENDERSON as a substitute— 

Divorces from the bonds of matrimony shall not be allowed but by the 
judgment of a Court rendered upon the verdict of a jury; and no divorce 
shall be granted except for adultery; and the guilty party shall not be per¬ 
mitted to marry again. 

By Mr. I. W. BOWMAN— 

In Section 3 strike out all after word “ allowed” and insert “in this State.” 

By Mr. LEE— 

Amend Section 3, line 3, by striking out all of said Section after the word 
“allowed.” 

By Mr. T. E. DUDLEY— 

Strike out on first line the words following the word “allowed,” so that 
the Section shall read: “ Divorces from the bond of matrimony shall not be 
allowed.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 287 


By Mr. A. S. FARROW— 

Substitute for Section 3: “Divorces from the bonds of matrimony shall 
be allowed, under such regulations as may be prescribed by law, for the 
following grounds, to wit: adultery, bodily cruelty and willful desertion 
for seven years. 

By Mr. KLUGH— 

Amend Section 1 by adding at the end “unless otherwise provided by 
law.” 

On motion of Mr. GEORGE JOHNSTONE, the Section was passed 
for the present. Ordered that all the proposed amendments be printed 
in the Journal. 

Section 4 was adopted as reported by the Committee. 

Section 5, on motion of Mr. STAN YARNE WILSON, was passed 
over. 

Sections 6 and 7 were adopted as reported by the Committee. 

On motion of Mr. SHEPPARD, Section 8 was stricken out. 

Mr. TIMMERMAN moved the following as a substitute for Sec¬ 
tion 9 : 

It shall be unlawful for any person holding an office of honor, trust or 
profit to engage in gambling or betting on games of chance; and any such 
officer, upon conviction thereof, shall become thereby disqualified from the 
further exercise of the functions of his office, and that the office of said 
person shall become vacant as in the case of resignation or death. 

Which was agreed to. 

The substitute was adopted as Section 9. 

Section 10. Mr. BOWMAN moved to amend line 7 by striking out 
“ married” and inserting unmarried” in lieu thereof; which was 
agreed to. 

Mr. STANYARNE WILSON moved to amend by adding to the 
end of the Section the following : “ Provided she shall not have power 
to contract as surety for her husband.” 

The pending question being the proposed amendment of Mr. Stan- 
yarne Wilson, on motion of Mr. WIGG, at 2 P. M., the Convention 
receeded from business until 8 P. M. this day. 


RECESS. 

Vice President TALBERT resumed the chair at 8 P. M. 

Mr. MITCHELL asked and obtained leave of absence for his col¬ 
league Mr. Barker until 12 M. Wednesday next. 




288 


JOURNAL OF PROCEEDINGS, 


RESOLUTIONS. 

Mr. ELLERBE offered the following : 

Resolved, That this Convention shall adjourn on Friday, the 4tli day of 
October prox., to meet on Tuesday, the 14th day of January, 1896. 

Which was read the first time and made a special order for to¬ 
morrow at 12 M. 

Mr. D. S. HENDERSON offered the following resolution, which 
was considered immediately and unanimously adopted by a rising 
vote: 

Whereas it has pleased Almighty God to take from the people of this 
State that incorruptible jurist, Hon. George S. Bryan, who, throughout the 
darkest days of misrule in South Carolina, had the courage and fortitude 
to sustain the rights of the people under the law, even against military 
rule; therefore 

Be it resolved by this Convention of the people of South Carolina, That 
in the death of Judge Bryan this State has sustained a great loss, and that 
our sympathy is hereby extended to his bereaved family. 

The Convention resumed consideration of Section 10, Calendar No. 
27, the pending question being the amendment proposed by Mr. 
Stanyarne Wilson this morning. 

Mr. DERHAM moved to amend as follows : on line 4 strike out all 
the words after “ debts ” down to and including the word “ therefor.” 

After debate, participated in by Messrs. Wilson, Hutson, Prince, 
Wharton, Sloan, Johnstone and Sheppard, 

Mr. SHEPPARD moved to lay both the proposed amendments on 
the table ; which was agreed to. 

Mr. DUDLEY moved to amend line 4 by inserting after the word 
“Acts” the words “ in writing ;” which was agreed to. 

Mr. GAGE moved the following as a substitute for Section 10 : 

Section 10. The real and personal property of a woman held at the time 
of her marriage, or that which she may thereafter acquire, either by gift, 
grant, inheritance, devise or otherwise, shall not be subject to levy and sale 
for her husband’s debts, but shall be held as her separate property, and may 
be bequeathed, devised or alienated by her the same as if she were unmar¬ 
ried : Provided, No gift or grant from the husband to the wife shall be 
detrimental to the just claims of creditors : Provided, further, No married 
woman shall have the power to bind her estate by any promise to pay the 
debt or default of another, or by any contract of endorsement, surety or 
guaranty. 

After debate, participated in by Messrs. Gage and Johnstone, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 289 


Mr. HUTSON moved to table the substitute of Mr. Gage. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows: 

Yeas, 76 ; nays 42. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Ashe, Austin, Barton, Bobo, 
Bowman, Breazeale, J. S. Brice, Buist, Carver, Cooper, DeHay, Den¬ 
nis, Douglass, Doyle, Dudley, Farrow, Fraser, Garris, J. L. Glenn, 
J. P. Glenn, Gooding, Gray, Gunter, Harris, Harrison, Haynsworth, 
D. S. Henderson, Wm. Henderson, Hiers, Howell, Hutson, Jerve}q 
Wilie Jones, Keitt, J. W. Kennedy, Lowman, McGowan, McMakin, 
McWhite, Matthews, Miller, Mitchell, W. J. Montgomery, Moore, 
Mower, Nathans, Nicholson, Parler, Patton, Perritte, Prince, Rags¬ 
dale, Redfearn, I. R. Reed, Sheppard, Sloan, Smalls, Jeremiah Smith, 
R. F. Smith, W. C. Smith, Smoak, Stribling, Sullivan, Taylor, Von- 
Kolnitz, Watson, Wells, Wharton, Whipper, A. H. White, S. E. 
White, Wigg, Wiggins, and Winkler.—76. 

Those who voted in the negative are : 

Nays—Messrs. Atkinson, Barry, Bowen, Byrd, Cantey, Connor, 
Derham, Efird, W. D. Evans, Field, Floyd, Gage, Graham, Hamel, 
Hay, Hemphill, Henry, Hodges, Johnstone, E. J. Kennedy, Klugh, 
Lybrand, McCaslan, McCown, McKagen, Meares, Morrison, Peake, 
Rosborough, Rowland, Russell, Sligh, A. J. Smith, Stackhouse, 
Stokes, Talbert, B. R. Tillman, G. D. Tillman, Timmerman, Waters, 
Stanyarne Wilson, and W. B. Wilson.—42. 

Mr. PATTON moved to amend the Section, line 3, by striking out 
after the word “ otherwise” down to and including the word “but ” 
in line 4 ; which was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend by striking out all 
of lines 6 and 7 after the word “entitled” in line 6. 

Mr. HUTSON moved to lay the amendment on the table ; which 
was agreed to. 

Mr. HEMPHILL moved to strike out all of Section 10 after the 
word “same” on line 5. 

Mr. HENDERSON.moved to lay the amendment on the table; 
which was agreed to. 

Section 10 was then adopted as amended. 

Section 11 was adopted as reported by the Committee. 

The Convention then recurred to Section 1, which was passed 
this morning. 

19-500 



290 


JOURNAL OF PROCEEDINGS, 


Mr. GRAY moved to amend by adding the words: “Provided, 
women may be appointed to such offices as may be provided by law.” 

Mr. WIGG moved the following as a substitute for the amendment 
proposed by Mr. Gray : 

“ Provided, however, That this Section shall not be construed to apply to 
presidents, principals or professors of institutions of learning, Librarian of 
the State, and college and school trustees.” 

The question being put, the Convention refused to adopt the sub¬ 
stitute. 

Mr. ALDRICH offered the following as a substitute for the amend¬ 
ment of Mr. Gray : 

Strike out on line 1 at the end of the line the words “in this State” and 
insert “under this Constitution.” 

The question being put, the Convention refused to adopt the sub¬ 
stitute. 

The question then being upon the amendment proposed by Mr. 
Gray, the Convention refused to adopt the amendment. 

Section 1 was then adopted as reported by the Committee. 

Section 3. Mr. D. S. HENDERSON moved the following as a 
substitute: 

Divorces from the bonds of matrimony shall not be allowed but by the 
judgment of a Court rendered upon the verdict of a jury; and no divorce 
shall be granted except for adultery, and the guilty party shall not be per¬ 
mitted to marry again. 

Mr. BOWMAN moved to amend the Section as reported by the 
Committee by inserting after the word “allowed,” in line 3, the 
words “in this State.” 

After debate, participated in by Messrs. Henderson, Bowman, 
Farrow, Patton and Timmerman, the pending question being the 
substitute proposed by Mr. Henderson, 

On motion of Mr. TILLMAN, the Convention, at 10:55 P. M., 
adjourned until 10 A. M. to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 291 


NINETEENTH DAY. 


Tuesday, October 1, 1895. 


The Convention assembled at 10 A. M. 

The Secretary called the roll. 

Owing to the illness of the President, Vice President TALBERT 
assumed the duties of the Chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 

Mr. LYBRAND asked and obtained indefinite leave of absence on 
account of sickness in his family. 

Mr. DENNIS asked and obtained indefinite leave of absence for 
Mr. Murray on account of sickness in his family. 

Mr. TIMMERMAN asked and obtained leave of absence for Mr. 
Yeldell, Chief Clerk of the Engrossing Department, until Monday 
next, on account of sickness. 

RESOLUTION. 

Mr. FRASER, Chairman of the Committee on Order, Style and 
Revision, introduced the following, which was considered immediately 
and agreed to: 

RESOLUTION AS TO PRINTING ARTICLES WHICH HAVE PASSED 
A THIRD READING. 

Besolved, That all Articles of the Constitution, as amended, which have 
heretofore passed, or shall hereafter pass, a third reading be printed for 
the use of the Committee on Order, Style and Revision, and be laid on the 
tables of the members of this Convention. 

REPORTS OF STANDING COMMITTEES. 

Mr. AUSTIN, Chairman of the Committee on Counties and County 
Government, submitted the following, which was considered immedi¬ 
ately and adopted: 







292 


JOURNAL OF PROCEEDINGS, 


REPORT OF THE COMMITTEE ON COUNTIES AND COUNTY 

GOVERNMENT. 

The Committee on Counties and County Government, to whom was 
referred the following resolutions and ordinances,— 

By Mr. J. C. Otts, in Journal September 17, page 10; 

By Mr. W. Gage, in Journal September 14, page 7; 

By Mr. Hiers, in Journal September 18, page 9; 

By Mr. Timmerman, in Journal September 17, page 11; 

By Mr. G. D. Tillman, in Journal September 13, page 8; 

By Mr. Efird, in Journal September 11, page 2; 

By Mr. Samuel E. White, in Journal September 17, page 1; 

By Mr. W. D. Evans, in Journal September 13, page 7; 

By Mr. B. R. Tillman, in Journal September 13, page 8,— 

Respectfully report that they have carefully considered the same and 
return them without report, as some of the provisions of same have been 
incorporated in the reports submitted by the Committee. 

All of which is respectfully submitted. 

J. T. AUSTIN, 

For Committee. 

Columbia, S. C., October 1st, 1895. 

Mr. B. R. TILLMAN, Chairman of the Committee on Suffrage, 
submitted the following, which was considered immediately and 
agreed to : 

REPORT OF COMMITTEE ON RIGHT OF SUFFRAGE. 

The Committee on Right of Suffrage, to whom was referred the following 
resolutions and ordinances, to wit: 

Resolution on the Right of Suffrage, by Mr. Efird, Journal 2d day, page 2; 

An ordinance relating to the Right of Suffrage, by Mr. Johnstone, Jour¬ 
nal 4th day, page 16; 

An ordinance relating to Suffrage, by Mr. Parler, Journal 6th day, page 
12 ; 

Resolution relating to the Qualification for Office, by Mr. Taylor, Journal 
6th day, page 12; 

Ordinance in relation to Suffrage and Citizenship, by Mr. Johnstone, Jour¬ 
nal 12th day, page 9; 

A resolution to make licensed ministers of the Gospel ineligible to hold 
office in South Carolina, by Mr. Hodges, Journal 4th day, page 2; 

A resolution for the Regulation of Suffrage in the State of South Carolina, 
by Mr. Patton, Journal 4th day, page 5; 

A resolution regulating the Right of Suffrage, by Mr. W. B. Wilson, 
Journal 7th day, page 7; 

Besolved , That it is the sense of this Convention that the Committee on 
Suffrage and Election shall report a clause in favor of female suffrage, by 
Mr. McCown, Journal 7th day, page 16; 

An ordinance relating to the Right of Suffrage, by Mr. Gamble, Journal 
6th day, page 3; 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 293 


Ordinance to regulate tlie Right of Suffrage, by Mr. Smalls, Journal 6th 
day, page 13; 

Ordinance to prescribe who shall be voters, by Mr. McMahan, Journal 8tli 
day, page 21; 

The Right of Suffrage not to be denied on account of sex, by Mr. Clayton, 
Journal 10th day, page 7; 

An ordinance to extend the Right of Suffrage, by Mr. Parrett, Journal 8th 
day, page 20; 

Resolution providing that official residence shall not affect the Right of 
Suffrage of State officers, by Committee on the Executive Department, 
Journal 9th day, page 11; 

Memorial by Cora S. Lott, Journal 16th day, page 2; 

Resolution to amend the Constitution, Article VIII, Sections 1 and 2, on 
the Right of Suffrage, by Mr. Russell, Journal 7th day, page 13,— 

Beg leave to report that they have carefully considered the same, and 
have incorporated such suggestions from them in the Article on Right of 
Suffrage as they consider wise and proper, and we beg to be relieved of 
their further consideration. 

B. R. TILLMAN, 
Chairman Committee. 


UNFINISHED BUSINESS. 

The Convention resumed the consideration of Calendar No. 27, 
report of the Committee on Miscellaneous Matters. 

The pending question being the amendment proposed by Mr. BOW¬ 
MAN to Section 3, line 2, as a substitute for the substitute offered 
by Mr. D. S. Henderson. 

After spirited debate by Messrs. D. S. Henderson, Watson, Jervey, 
McGowan, Houser, W. J. Montgomery, Sheppard, Hutson, Breazeale, 
W. C. Smith, McWhite, VonKolnitz, Bowman and J. S. Glenn, 

The question being put:. “ Will the Convention agree thereto ?” 
it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 86 ; nays, 49. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Ashe, Austin, Barton, Bates, 
Behre, Berry, Bobo, Bowman, Breazeale, J. S. Brice, Buist, Byrd, 
Cantey, Carver, Connor, Cooper, Cunningham, Dent, Douglass, 
Doyle, Dudley, Ellerbe, Floyd, Gary, Gilland, J. P. Glenn, Gooding, 
Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, Henry, 
Hiers, Houser, Howell, Hutson, Irby, T. E. Johnson, Wilie Jones, 
Klugh, Lee, Lowman, Lybrand, McCalla, McCown, McDermotte, 
McGowan, Matthews, Meares, Mitchell, Moore, Nathans, Otts, Parler, 
Parrott, Patterson, Patton, Perritte, Redfearn, Rowland, Russell, 




294 


JOURNAL OF PROCEEDINGS, 


Sloan, A. J. Smith, Jeremiah Smith, R. F. Smith, W. C. Smith, 
Smoak, Sprott, Stokes, Stribling, Talbert, G. D. Tillman, Von- 
Kolnitz, Waters, Watson, Wells, Wharton, A. IP. White, S. E. 
White, Stanyarne Wilson, and Winkler.—86. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Atkinson, Barry, Bowen, T. W. Brice, 
Dennis, W. D. Evans, Farrow, Field, Fitch, Fraser, Gage, Garris 
J. L. Glenn, Graham, Hemphill, D. S. Henderson, Wm. Henderson, 
Hodges, Jervey, George Johnstone, Keitt, E. J. Kennedy, J. W. 
Kennedy, McCaslan, McMakin, McWhite, Miller, J. D. Montgomery, 
W. J. Montgomery, Morrison, Nicholson, Peake, Ragsdale, J. R. 
Reed, Rogers, Rosborough, Sheppard, Smalls, Stackhouse, Sullivan, 
Taylor, B. R. Tillman, Timmerman, Whipper, Wigg, Wiggins, W. 
B. Wilson, and Woodward.—49. 

Section 3. The Section as amended reads as follows : “ Divorces 

from the bonds of matrimony shall not be allowed in this State.” 

Mr. B. R. TILLMAN moved to amend as follows: 

Add after “allowed in this State” : “But the Courts of this State shall 
recognize and give full credit to thd judgments of the Courts of other 
States in divorce cases.” 

After debate by Messrs. B. R. Tillman, Patton, McGowan, Klugh, 
D. S. Henderson and Bowman, 

Mr. BOWMAN moved to lay the amendment on the table ; which 
was agreed to. 

Mr. W. D. EVANS moved to amend as follows : 

Add to Section 3 the following: “Provided, That divorces granted by 
the Courts of other States of the Union shall have in this State the same 
force and effect as in the States where granted.” 

On motion of Mr. HUTSON, the amendment was laid on the 
table, 

Mr. KLUGH moved to amend Section 3 by adding after the words 
“in this State” the words “but the General Assembly may by special 
Act legitimatize the issue of a marriage following a divorce granted 
by the Courts of another State.” 

On motion of Mr. PATTERSON, the amendment was laid on the 
table. 

The Section as amended was adopted. 

Mr. McGOWAN moved to reconsider the vote whereby the Con¬ 
vention adopted Section 3 as amended, and to lay that motion on the 
table ; which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 295 


Section 5 was adopted as reported by the Committee. 

The report of the Committee on Miscellaneous Matters, Calendar, 
No. 27, having been read the second time as amended, and adopted, 
was ordered engrossed for a third reading to-morrow. 

SPECIAL ORDER. 

Calendar No. 36— 

Besolved , That this Convention shall adjourn on Friday, October 4th 
proximo, to meet on Thursday, the 14th day of January, 1896. 

After debate by Messrs. Ellerbe, Stanyarne Wilson, Lee, Wm. 
Henderson, B. R. Tillman, Winkler, Prince, Timmerman, and 
Rogers, 

Mr. LEE moved to indefinitely postpone the resolution. 

The question being put: “ Will the Convention agree thereto ?" it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 85 : nays, 53. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Ashe, Atkinson, 
Austin, Barry, Barton, Bates, Bellinger, Bobo, Bowen, Bowman, 
Breazeale, Buist, Byrd, Cantey, Carver, Connor, Cooper, Cunning¬ 
ham, Dent, Douglass, Dudley, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Fraser, Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, Good¬ 
ing, Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, D. 
S. Henderson, Henry, Hodges, Houser, Hutson, T. E. Johnson, E. J. 
Kennedy, J. W. Kennedy, Lee, Lowman, McCown, McDermotte, 
McKagen, Me White, Matthews, Meares, Moore, Morrison, Otts, Par- 
ler, Patterson, Peake, Prince, Redfearn, Rosborough, Rowland, Rus¬ 
sell, Smalls, Jeremiah Smith, R. F. Smith, Smoak, Sprott, Stokes, 
Sullivan, Talbert, B. R. Tillman, Timmerman, Waters, Stanyarne 
Wilson, Winkler, and Woodward.—85. 

Those who voted in the negative are : 

Nays—Messrs. Berry, J. S. Brice, T. W. Brice, DeHay, Dennis, 
Doyle, Ellerbe, Gage, Gamble, Graham, Hemphill, Wm. Henderson 
Hiers, Howell, Irby, George Johnstone, Keitt, Klugh, McCalla, 
McCaslan, McGowan, McMakin, Miller, Mitchell, J. D. Montgomery, 
W. J. Montgomery, Nathans, Nicholson, Oliver, Parrott, Perritte, 
Ragsdale, Rogers, Sheppard, A. J. Smith, W. C. Smith, Stackhouse 
Stribling, Taylor, G. D. Tillman, VonKolnitz, Watson, Wells, 
Wharton, Whipper, A. H. White, S. E. White, Wigg, Wiggins, and 
W. B. Wilson.—53. 



296 


JOURNAL OF PROCEEDINGS, 


Mr. WINKLER offered the following : 

Resolved, That this Convention shall adjourn on Friday, the 4th day of 
October, 1895, at 10 o’clock, P. M., to meet on Tuesday, the 15th day of 
October, 1895, at 12 o’clock noon. 

Mr. HOWELL moved to lay the resolution on the table. 

The question being put: “Will the Convention agree thereto?” 
it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 86; nays, 53. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Atkinson, Austin, 
Barton, Bates, Behre, Bellinger, Bobo, Bowen, Breazeale, Buist, Car¬ 
ver, Cunningham, Dent, Douglass, Dudley, W. D. Evans, Farrow, 
Field, Fitch, Fraser, Gage, Garris, Gilland, J. L. Glenn, J. P. Glenn, 
Gooding, Gary, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Hiers, Hodges, Houser, Howell, Hut¬ 
son, Jervey, T. E. Johnson, Wilie Jones, Keitt, E. J. Kennedy, J. 
W. Kennedy, Lee, McCaslan, McGowan, McKagen, McWhite, Mat¬ 
thews, Meares, Moore, Nicholson, Otts, Parler, Patterson, Patton, 
Peake, Prince, I. R. Reed, Rosborough, Rowland, Russell, Sheppard, 
Sloan, R. F. Smith, W. C. Smith, Smoak, Sprott, Stokes, Stribling, 
Sullivan, Talbert, B. R. Tillman, Timmerman, Waters, Wells, Whar¬ 
ton, A. H. White, Stanyarne Wilson, and Woodward.—86. 

Those who voted in the negative are: 

Nays—Messrs. Ashe, Berry, Bowman, J. S. Brice, T. W. Brice, 
Byrd, Cantey, Connor, Cooper, Dellay, Dennis, Doyle, Elllerbe, 
Floyd, Gamble, Gary, Graham, Wm. Henderson, Henry, Irby, George 
Johnstone, Klugh, Lowman, McCalla, McDermotte, McGowan, Mc- 
Makin, Miller, Mitchell, J. D. Montgomery, W. J. Montgomery, 
Morrison, Nathans, Oliver, Parrott, Perritte, Ragsdale, Redfearn, 
Rogers, Smalls, A. J. Smith, Jeremiah Smith, Stackhouse, Taylor, 
G. D. Tillman, VonKolnitz, Watson, Whipper, S. E. White, Wigg, 
Wiggins, W. B. Wilson, and Winkler.—53. 

Mr. PATTERSON moved to reconsider the vote whereby the Con¬ 
vention agreed to lay the resolution on the table, and to lay that 
motion on the table ; which was agreed to. 

On motion of Mr. SHEPPARD, the Convention, at 1:55 P. M,, 
receded from business until 8 P. M. this day. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 297 


RECESS. 

Vice President TALBERT resumed the Chair at 8 P. M. 

REPORTS OF STANDING COMMITTEES. 

Mr. B. R. TILLMAN, for the Committee on Suffrage, submitted 
the following report, w T hich was read the first time and ordered for 
consideration to-morrow: 

REPORT OF THE COMMITTEE ON RIGHT OF SUFFRAGE. 

To tlie President and Members of the Convention: 

The Committee on Right of Suffrage respectfully report the accompany¬ 
ing document, consisting of fifteen Sections, and recommend its adoption 
as Article — of the Constitution. 

All of which is respectfully submitted. 

B. R. TILLMAN, Chairman. 


ARTICLE —. 

Right of Suffrage. 

Section 1. All elections by the people shall be by ballot. 

Section 2. Every qualified elector shall be eligible to any office to be voted 
for, unless disqualified by age. But no person shall hold two offices of 
honor or profit at the same time except officers in the militia and Notaries 
Public. 

Section 3. Every male citizen of the United States, twenty-one years of 
age and upwards, not laboring under the disabilities named in this Consti¬ 
tution, and possessing the qualifications required by it, shall be a legal 
elector. 

Section 4. The qualifications for suffrage shall be as follows: 

(a.) Residence in the State for two years, in the County one year, in the 
election district in which the elector offers to vote four months, and the 
payment of a poll tax six months before any election: Provided, however, 
That Ministers of the Gospel in charge of an organized church shall be 
entitled to vote after six months’ residence in the State, if otherwise qualified. 

(b) Registration, which shall provide for the enrollmont of every elector 
once in ten years. 

(c.) The person applying for registration must be able to read and write 
any Section of this Constitution, or must show that he owns and pays 
taxes on $300 worth of property in this State : Provided, That at the first 
registration under this Constitution, and up to January 1st, 1898, all male 
persons of voting age who can read a clause in this Constitution, or under¬ 
stand or explain it when read to them by the registration officer, shall be 
entitled to register and become electors. A separate record of all illiterate 
persons thus registered, sworn to by the registration officer shall be filed, 






298 


JOURNAL OF PROCEEDINGS, 


one copy with the Clerk of Court, and one in the office of the Secretary of 
State, on or before January 1st, 1898, and such persons shall remain during 
life qualified electors, unless disqualified by the provisions of Section 6 of 
this Article. The certificate of the Clerk of Court or Secretary of State 
shall be sufficient evidence to establish the right of said class of citizens 
to registration and the franchise. 

(d.) Any person who shall apply for registration after January 1st, 1898, 
if otherwise qualified, may be registered: Provided, That he can both 
read and write any Section of this Constitution, or can show that he owns 
and has paid taxes during the previous year on property in this State 
assessed at $300 or more. 

(e.) Managers of election shall require of every elector offering to vote 
at any election, before allowing him to vote, proof of the payment of all 
taxes, including poll tax, assessed against him for the previous year. 

(f.) Registration certificates when lost shall be renewed if the applicant 
is qualified under the provisions of this Constitution, or if he has been 
registered as provided in sub-Section “ c. v 

Section 5. Any person denied registration shall have the right to appeal 
to any and all Courts of this State to determine the question under the 
limitations imposed in this Article, and the General Assembly shall provide 
by law for the correction of illegal or fraudulent registration and the pun¬ 
ishment of the same. 

Section 6. The following persons are disqualified from being registered 
or voting: 

First, persons convicted of burglary, theft, arson, obtaining goods or 
money under false pretenses, perjury, forgery, robbery, bribery, adultery, 
embezzlement, bigamy, or crimes against the election laws : Provided, That 
the pardon of the Governor shall remove such disqualifications. 

Second, persons who are idiots, insane, paupers supported at the public 
expense, and persons confined in any public prison. 

Section 7. For the purpose of voting no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while em¬ 
ployed in the service of the United States, nor while engaged in the naviga¬ 
tion of the waters of this State or of the United States or of the high seas. 

Section 8. The General Assembly shall provide by law for the registra¬ 
tion of all qualified electors and shall prescribe the manner of holding 
elections and of ascertaining the results of the same: Provided, That each 
of the two political parties casting the highest number of votes at the pre¬ 
ceding election shall have have representation on the Board of Managers 
at each precinct and on the Board of County Canvassers in each County: 
Provided, At the first registration under this Constitution and until the 
first of January, 1898, the registration shall be conducted by a Board of 
three to be appointed by the Governor, or by and with the advice and con¬ 
sent of the Senate. 

Section 9. The several Counties in the State shall be divided into election 
districts, with one precinct in each of the same, at which alone the voter 
registered for that precinct can cast his ballot: Provided, That a voter may 
be transferred from one election district to another. 

Section 10. The General Assembly shall provide by law for the holding 
of party primary elections and punishing fraud at the same. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 299 


Section 11. The registration books shall close at least thirty days before 
an election, during which time transfers and registration shall not be legal 
except as to persons coming of age in the interim. 

Section 12. Electors in municipal elections shall possess all the qualifica¬ 
tions herein prescribed, and the General Assembly shall provide for a 
special registration of voters for each municipal election. 

Section 13. At any special election in incorporated cities and towns of 
this State for the purpose of bonding the same, all resident owners of prop¬ 
erty in said cities and towns of the assessed value of two hundred dollars, 
who are qualified electors under this Constitution, shall alone be entitled 
to vote at such election. The voter shall produce a receipt for all taxes, 
County, State and municipal, for the previous year as evidence of his right 
to vote. 

Section 14. Electors shall in all cases except treason, felony or a breach 
of the peace be privileged from arrest on the days of election during their 
attendance at the polls and going to and returning therefrom. 

Section 15. No power, civil or military, shall at any time interfere to pre¬ 
vent the free exercise of the right of suffrage in this State. 

Mr. DUDLEY, for the Committee on Engrossed Resolutions and 
Ordinances, to whom the Article relating to impeachment was 
referred, reported that the same had been correctly engrossed and 
revised. 

Ordered to a third reading to-morrow. 


UNFINISHED BUSINESS. 

The Convention resumed the consideration of the substitute pro¬ 
posed by Mr. Clayton to Section 14, Calendar No. 9, printed in the 
Journal of Thursday, September 26th, pages 16 and 17. 

After debate by Messrs. Clayton, Farrow, Watson and Patterson, 

Mr. SHEPPARD moved to indefinitely postpone the substitute. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 102 ; nays, 32. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Ashe, Atkinson, 
Barry, Barton, Bates, Bellinger, Berry, Bobo, Bowen, J. S. Brice, T. 
W. Brice, Carver, Cooper, DeHay, Dennis, Douglass, Doyle, Dudley, 
W. D. Evans, Farrow, Field, Fitch, Floyd, Fraser, Gage, Gamble, 
Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, Gooding, Graham, 
Gray, Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. Hender¬ 
son, Henry, Hiers, Hodges, Howell, Hutson, Irby, T. E. Johnson, 
George Johnstone, Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, 



300 


JOURNAL OF PROCEEDINGS, 


Klugh, Lee, Lowman, McDermotte, McGowan, McKagen, McMakin, 
Matthews, Miller, Mitchell, Nathans, Nicholson, Oliver, Otts, Parler, 
Patterson, Patton, Peake, Prince, Ragsdale, Redfearn, Rogers, Ros- 
borougli, Rowland, Sheppard, Sloan, A. J. Smith, Jeremiah Smith, 
R. F. Smith, W. C. Smith, Sprott, Stokes, Stribling, Sullivan, Tay¬ 
lor, B. R. Tillman, G. D. Tillman, Timmerman, VonKolnitz, Waters, 
Wells, Wharton, Whipper, A. H. White, S. E. White, Wiggins, 
W. B. Wilson, and Winkler.—103. 

Those who voted in the negative are : 

Nays—Messrs. Bowman, Breazeale, Buist, Byrd, Cantey, Clayton, 
Connor, Cunningham, Ellerbe, Hamel, Wm. Henderson, Houser, 
McCalla, McCaslan, McCown, McWhite, Meares, J. D. Montgomery, 
W. J. Montgomery, Moore, Morrison, Parrott, Perritte, Russell, 
Smalls, Smoak, Stackhouse, Talbert, Watson, Wigg, Stanyarne 
Wilson, and Woodward.—32. 

Mr. GEORGE JOHNSTONE moved to amend Section 14 as fol¬ 
lows : Strike out all after the word “proper." 

On motion of Mr. B. R. TILLMAN, the proposed amendment was 
laid on the table. 

Mr. B. R. TILLMAN moved the following to be added to the end 
of Section 14 as reported by the Committee : 

Provided, That no license shall be granted to sell alcoholic beverages in 
less quantities than one-half pint; or to sell them between sundown and 
sunrise; or to sell them to be drunk on the premises: And pro vided, further, 
That the General Assembly shall not delegate the power to issue licenses to 
sell the same to any municipal corporation. 

Which was agreed to by a rising vote of 87 to 26. 

Mr. BELLINGER moved to amend as follows: Strike out “and" 
in the 7 th line and insert after “ County" in the same line the words 
“ and municipal;" which was agreed to. 

Mr. TILLMAN moved to amend by striking out “intoxicating" 
wherever it appears in the Section and inserting “alcoholic" in lieu 
thereof ; which was agreed to. 

Mr. STANYARNE WILSON moved to amend as follows : By 
striking out all after the word “State," line 3, down to and including 
the word “proper,"on line 5. 

After debate by Messrs. Stanyarne Wilson, B. R. Tillman, Rogers, 
Parrott and Prince, 

Mr. D. S. HENDERSON moved to lay the proposed amendment 
on the table ; which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 301 


Mr. CONNOR moved the following : After the words “ State and 
County officers,” lines 7 and 8, and before the words “both or 
either,” add the following: “elected by the people or the General 
Assembly.” 

The question being put, the Convention refused to adopt the 
amendment. 

Mr. GARY moved to amend line 8, Section 14, by striking out the 
word “both” and insert the Ivord “all;” which was agreed to. 

Mr. FARROW moved to reconsider the vote whereby the Conven¬ 
tion refused to adopt the amendment proposed by Mr. George John¬ 
stone. 

Mr. STAN VARNE WILSON moved to lay the motion to recon¬ 
sider on the table. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 105 ; nays, 24. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Atkinson, Barry, Barton, Bates, 
Bellinger, Berry, Bobo, Bowen, Bowman, Breazeale, T. W. Brice, 
Buist, Byrd, Cantey, Carver, Clayton, Connor, Cunningham, DeHay, 
Dennis, Douglass, Doyle, Dudley, Ellerbe, W. D. Evans, Field, 
Floyd, Fraser, Garris, Gary, J. L. Glenn, J. P. Glenn, Gooding, 
Graham, Gray, Hamel, Harris, Hay, Haynsworth, Hemphill, D. S. 
Henderson, Wm. Henderson, Hiers, Hodges, Houser, Hutson, Irby, 
T. E. Johnson, Wilie Jones, Keitt, J. W. Kennedy, Lowman, Mc- 
Calla, McCaslan, McCown, McDermotte, McKagen, McWhite, Mat¬ 
thews, Meares, Miller, J. D. Montgomery, W. J. Montgomery, 
Moore, Morrison, Nicholson, Otts, Parler, Parrott, Patterson, Peake, 
Perritte, Prince, Ragsdale, Redfearn, Rogers, Rowland, Russell, 
Sheppard, Sloan, A. J. Smith, Jeremiah Smith, W. C. 
Smith, Smoak, Sprott, Stackhouse, Stokes, Stribling, Sullivan, Tal¬ 
bert, Taylor, B. R. Tillman, Timmerman, Waters, Watson, Wells, 
Wharton, A. H. White, Wiggins, Stanyarne Wilson, W. B. Wilson, 
and Winkler.—105. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Anderson, J. S. Brice, Farrow, Fitch, 
Gage, Gilland, Howell, Jervey, George Johnstone, Klugh, Lee, Mc¬ 
Gowan, Mitchell, Nathans, Oliver, Patton, Smalls, R. F. Smith, G. D. 
Tillman, VonKolnitz, Whipper, S. E. White, and Wigg.—24. 

Mr. DOYLE moved to amend as follows : 





302 


JOURNAL OF PROCEEDINGS, 


Add after the Section as reported by the Committee the words “but not 
for profit.” 

The question being put: “ Will the Convention agree thereto ?” it 

was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 45 ; nays, 84. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Ashe, Atkinson, Barton, Berry, J. S. 
Brice, T. W. Brice, Buist, Connor, Doyle, Ellerbe, Farrow, Fitch, 
Fraser, Gage, J. L. Glenn, Hamel, D. S. Henderson, Houser, Hutson, 
Jervey, T. E. Johnson, George Johnstone, Lee, W. J. Montgomery, 
Nathans, Oliver, Otts, Peake, Ragsdale, Smalls, Jeremiah Smith, R. 
F. Smith, Smoak, Stackhouse, Stribling, G. D. Tillman, VonKolnitz, 
Watson, Wells, Whipper, A. H. White, S. E. White, Wigg, Wiggins, 
and W. B. Wilson.—46. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Alexander, Barry, Bates, Bellinger, Bobo, 
Bowen, Bowman, Breazeale, Byrd, Cantey, Carver, Clayton, Cooper, 
Cunningham, DeHay, Dennis, Douglass, Dudley, W. D. Evans, Field, 
Garris, Gary, S, J. Glenn, Gooding, Graham, Gray, Harris, Harrison, 
Hay, Haynsworth, Hemphill, William Henderson, Henry, Hiers, 
Hodges, Howell, Irby, Wilie Jones, Keitt, J. W. Kennedy, Klugh, 
Lowman, McCalla, McCaslan, McCown, McDermotte, McGowan, 
McKagen, McMakin, McWhite, Matthews, Meares, Miller, J. D. 
Montgomery, Moore, Morrison, Nicholson, Parler, Parrott, Patterson, 
Patton, Perritte, Prince, Redfearn, Rogers, Rosborough, Rowland, 
Russell, Sheppard, Sloan, A. J. Smith, W. C. Smith, Sprott, Stokes, 
Sullivan, Talbert, Taylor, B. R. Tillman, Timmerman, Waters, 
Wharton, Stanyarne Wilson, and Winkler.—84. 

Mr. KLTTGH moved a substitute for the whole Section as amended. 

The proposed substitute was read. 

Mr. B. R. TILLMAN raised the point that, it being similar to 
other rejected matter, it was not admissible. 

The CHAIR ruled that the point was well taken. 

Mr. KLUGH appealed from the ruling of the Chair. 

The Convention sustained the decision of the Chair. 

Mr. HEMPHILL moved to amend as follows : Add to the end of 
the Section, “And the General Assembly shall enact alaw T making the 
drinking of intoxicating liquors as a beverage a misdemeanor.” 

On motion of Mr. D. S. HENDERSON, the amendment was laid 
on the table. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 303 


The Section as amended was adopted. 

Mr. D. S. HENDERSON moved to reconsider the vote whereby 
the Convention had adopted the Section as amended, and to lay that 
motion on the table ; which was agreed to. 

At 10:40 P. M., on motion of Mr. D. S. HENDERSON, the Con¬ 
vention adjourned until 10 A. M. to-morrow. 


TWENTIETH DAY. 


Wednesday, October 2, 1 895. 


The Convention assembled at 10 A. M. 

The Secretary called the roll. 

Owing to the illness of the President, Vice President TALBERT 
took the Chair. 

A quorum being present the proceedings were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 


LEAVES OF ABSENCE. 

Mr. NASH asked and obtained indefinite leave of absence for 
himself on account of official duties. 

Mr. BELLINGER asked and obtained indefinite leave of absence 
for his colleague Mr. Bates on account of sickness. 

Mr. COOPER asked and obtained leave of absence for himself and 
Mr. Parler until Monday night. 

Mr. TIMMERMAN asked and obtained indefinite leave of absence 
for his colleague Mr. Watson on account of sickness. 

Mr. KLUGIL requested that the following be printed in the Jour¬ 
nal, the same being the substitute which he proposed to Section 14 
in yesterday's Journal, page 12, and ruled inadmissible by the Chair : 







304 


JOURNAL OF PROCEEDINGS, 


ARTICLE ON MUNICIPAL CORPORATIONS AND POLICE REGULA¬ 
TIONS, SUBSTITUTE PROPOSED BY Mr. KLUGH FOR SEC¬ 
TION 14. 

Section 14. The sale by retail of alcoholic liquors or beverages 'within 
this State is prohibited. The General Assembly may authorize and em¬ 
power State, County and municipal officers, or any of them, under the au¬ 
thority and in the name of the State, or otherwise, to buy in any market 
and sell within the State liquors and beverages in such packages and 
quantities, under such rules and regulations, as it deems expedient: Pro¬ 
vided, That it shall never be lawful to sell such liquors or beverages 
between sunset and sunrise, nor in other than in sealed packages of not 
less one-half pint, nor to be drunk on the premises where sold; nor shall 
the power to license such sale ever be delegated to any municipal corpora¬ 
tion. 


RESOLUTION. 

Mr. LEE introduced the following resolution, which was considered 
immediately and agreed to * 

Resolved, That it be referred to the Committee on Rules to prepare and 
report a rule on the subject of the pairing of members upon questions com¬ 
ing before the Convention. 

REPORTS OF STANDING COMMITTEES. 

Mr. BOWMAN, for the Committee on Engrossed Resolutions and 
Ordinances, to whom was referred an Article relating to amendment 
and revision of the Constitution, submitted the following report: “That 
the same had been correctly engrossed and revised.” Ordered to a 
third reading to-morrow. 

Mr. BELLINGER, for the Committee on Jurisprudence, submitted 
the following report : 

A REPORT BY THE COMMITTEE ON JURISPRUDENCE. 

To the Constitutional Convention : 

The Committee on Jurisprudence respectfully report: 

That it has considered a resolution offered by Mr. Estridge, “requiring 
that all the expenses of the Court of General Sessions for each County be 
paid by the State,” and recommend that the same be referred to the Com¬ 
mittee on Finance and Taxation, and that this Committee be discharged 
from the further consideration of the same. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 305 


And further, That it has considered a resolution offered by Mr. Doyle, and 
report the same unfavorably, and respectfully recommend that the same be 
not be adopted, as the subject is one properly for legislative consideration 
alone. 

Respectfully submitted. 

G. DUNCAN BELLINGER, 

Chairman. 

Columbia, S. C., October 2, 1895. 

Mr. W. D. EVANS stated that the Committee on Finarme and 
Taxation had made a report to the Convention, and moved that the 
resolution of Mr. Estridge be not referred to that Committee ; which 
was not agreed to. 

So the resolution was referred to the Committee on Finance and 
Taxation. 

Mr. DOYLE moved that his resolution be placed on the Calendar ; 
which was agreed to. 

The resolution was read the first time and ordered for consideration 
to-morrow. 

RESOLUTION TO LIMIT EXPENSES OF ADMINISTERING 

ESTATES. 

Be it ordained by the people of South Carolina, in convention assembled, 
That the Constitution now being formed shall contain provisions prohibit¬ 
ing costs and expenses of administering, partitioning, division and settle¬ 
ment of estates ever to exceed ten per cent, of the total value thereof. 

Mr. E. J. KENNEDY, for the Committee on Education, submitted 
the following minority report, which was read the first time and 
ordered for consideration to-morrow: 

MINORITY REPORT OF COMMITTEE ON EDUCATION. 

The undersigned member of the Committee on Education begs leave to 
submit the following minority report. For Section six (6) of the report of 
the Committee we recommend the substitution of the following as Section 6: 

Section 6. The Comptroller General shall levy at each regular session 
after the adoption of this Constitution an annual tax of three mills on the 
dollar on all taxable property throughout the State for the support of the 
public schools, which tax shall be collected at the same time and by the 
same agents as the general State levy and shall be paid into the State 
Treasury. There shall also be assessed on all taxable polls in this State, 
between the ages of twenty-one and sixty years, an annual tax of one dol¬ 
lar on each poll, the proceeds of which shall be applied solely to the support 
of the public schools. The school tax shall be distributed among the sev¬ 
eral Counties in this State in proportion to the respective number of pupils 
enrolled in the public schools, to be disbursed in the several school districts 
20-500 



306 


JOURNAL OF PROCEEDINGS, 


of said Counties as may be provided by the General Assembly. Any school 
district may, by the authority of the General Assembly, levy an additional 
tax for the support of its schools. 

For Section fourteen (14) of the report of the Committee, we recommend 
the substitution of the following: 

Section 14. All the net income to be derived to the State from the sale of 
spirituous, malt, vinous and intoxicating liquors or beverages; all license 
fees collected under the laws of this State from plays and shows ,* all waste 
and unappropriated lands belonging to the State, which terms shall 
include marsh and tide-water lands, but not the phosphate royalty or phos¬ 
phate deposits, and all the income to be derived from said lands by leasing 
them, shall be set apart and be and remain forever a perpetual school fund 
for the support of the public schools of this State. All funds to be derived 
from the sale of the aforesaid lands, if the General Assembly should ever 
deem it advantageous to sell the same, shall be securely invested and the 
interest derived therefrom alone shall be appropriated. 

Respectfully submitted. 

E. J. KENNEDY. 

Mr. WATSON, for the Committee on Education, submitted the 
following minority report, which was read the first time and ordered 
for consideration to-morrow : 

MINORITY REPORT OF THE COMMITTEE ON EDUCATION. 

We, the undersigned minority of Committee on Education, respectfully 
submit the following report: 

Section 1. The supervision of public instruction shall be vested in a State 
Superintendent of Education, who shall be elected or appointed in such 
manner and at such time as the General Assembly shall provide. His 
powers, duties, term of office and compensation shall be defined by the 
General Assembly. 

Section 2. The General Assembly shall make provision for the election or 
appointment of all additional necessary school officers, and shall define 
their qualifications, powers, duties, compensation and terms of office; also 
for a system of free public schools throughout the State; also for the divi¬ 
sion of the Counties into suitable school districts; also for the annual levy 
and collection of a tax of not less than three (3) mills on the dollar on all 
taxable property; also for the assessment and collection of an annual tax 
of $1 on each male inhabitant between twenty-one and sixty years of age 
who is able to perform ordinary manual labor; also for the distribution and 
expenditure of the free public school fund, to be used exclusively for free 
public school purposes. 

Section 3. The qualified electors of a County shall have the right, by a 
majority vote, to impose an additional annual tax on the taxable property 
of the County, to be used exclusively for free public school purposes; and 
the General Assembly shall make provision for the exercise of such right, 
and for the levy, collection, distribution and expenditure of such extra 
tax: Provided , That such extra tax shall not exceed four mills on the dollar 
per annum. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 807 


Section 4. The qualified electors of a school district shall have the right, 
by a majority vote, to impose an additional annual tax on the taxable prop¬ 
erty of the district, to be used exclusively for free public school purposes; 
and the General Assembly shall make provision for the exercise of such 
right, and for the levy, collection, distribution and expenditure of such 
extra tax: Provided, That such extra tax shall not exceed four mills per 
annum. 

Section 5. The General Assembly shall define the penalties, fines and 
forfeitures to be imposed for the non-payment of the poll tax. 

Section 6. The necessary educational institutions for the education of the 
blind, deaf and dumb, and such benevolent institutions as the public good 
may require, shall be established and supported by the State, subject to 
such regulations as may be prescribed by law. 

Section 7. No sectarian principles shall be taught in any free public 
school; nor shall any part of the funds raised for free public school pur¬ 
poses be appropriated to or expended on any school where sectarian prin¬ 
ciples are taught; nor shall any part of the fund for free public schools be 
appropriated to or expended for any other purpose than that for which the 
fund was raised. 

Section 9. All devises, grants and donations for educational purposes 
shall be applied as directed by the donor if not repugnant to the Constitu¬ 
tion and laws of this State. 

Section 10. The proceeds of all lands that have been or hereafter may be 
given by the United States to this State for educational purposes and not 
otherwise appropriated by this State or the United States; of all lands or 
other property given by individuals without prescribing the application; of 
estates of deceased persons leaving no will or heir; of all other escheated 
property; of all waste and unappropriated property, including marsh and 
tide water lands; of all property accruing to the State by forfeiture; of all 
fines, penalties, licenses and estrays, shall enure to and become a part of 
the free public school fund. All such proceeds and receipts of every kind 
shall be faithfully distributed and expended, in such manner as the General 
Assembly shall direct, in establishing and maintaining the free public 
schools of the State, and for no other uses or purposes whatsoever: Pro¬ 
vided, That such proceeds and receipts, or any part thereof, may be invested 
as a permanent school fund, and that any of the above described property 
may be held by the State and only the annual income therefrom be used 
for free public school purposes. 

R. B. WATSON, 

E. II. HOUSER. 

Mr. MITCHELL, for the Committee on Education, submitted the 
following report, which was read the first time and ordered for con¬ 
sideration to-morrow : 

REPORT OF THE COMMITTEE ON EDUCATION. 

To the Constitutional Convention of South Carolina: 

Your Committee on Education begs leave to submit herewith an Article 
on education. We have had referred to us the following resolutions: 

No. 1. By Mr. Buist, Journal, 4th day, page 4. 



308 


JOURNAL OF PROCEEDINGS, 


No. 2. By Mr. Buist, Journal, 4th day, page 7. 

No. 3. By Mr. W. C. Smith, Journal, 4th day, page 7. 

No. 4. By Mr. Haynesworth (by request), Journal, 5th day, page 8. 

No. 5. By Mr. Parrott, Journal, 5th day, page 10. 

No. 6. By Mr. Derham, Journal, 5th day, page 12. 

No. 7. By Mr. J. L. Glenn, Journal, 7th day, page 4. 

No. 8. By Mr. Lybrand, Journal, 7th day, page 6. 

No. 9. By Mr. Anderson, Journal, 7th day, page 13. 

No. 10. By Mr. Buist, Journal, 7th day, page 14. 

No. 11. By Mr. McWhite, Journal, 7th day, page 14. 

No. 12. By Mr. Aldrich, Journal, 8th day, page 20. 

No. 13. By Mr. A. H. White, Journal, 8th day, page 21. 

No. 14. By Mr. W. J. Montgomery, Journal, 9th day, page 11. 

No. 15. By Mr. T. E. Johnson, Journal, 9th day, pages 13, 14. 

No. 16. By Mr. Glenn, Journal, 9th day, page 19. 

No. 17. By Mr. Sullivan, Journal, 9th day, page 12. 

No. 18. By Mr. Anderson, Journal, 10th day, page 2. 

No. 19. By Mr. Patterson, Journal, 12th day, page 4. 

No. 20. By Mr. Burn, Journal, 12th day, pages 6 and 7. 

No. 21. By Mr. Austin, Journal, 12th day, pages 7 and 8. 

No. 22. By Mr. E. J. Kennedy, Journal, 12th day, page 7. 

No. 23. By Mr. McWhite, Journal, 12th day, page 8. 

No. 24. By Mr. Miller, Journal, 12th day, page 8. 

No. 25. By Mr. W. J. Montgomery, Journal, 12th day, page 8. 

All of which have been carefully considered and are herewith returned 
to the Convention. 


JULIAN MITCHELL, Chairman. 


ARTICLE-. 


Education. 


Section 1. The supervision of public instruction shall be vested in a State 
Superintendent of Education, who shall be elected for the term of four 
years, by the qualified electors of the State, in such manner and at such 
time as the other State officers are elected; his powers, duties and compen¬ 
sation shall be defined by the General Assembly. 

Section 2. There shall be elected every four years in each County, by the 
qualified electors thereof, one School Commissioner, whose qualifications, 
powers, duties and compensation shall be determined by the General As¬ 
sembly. 

Section 3. The salaries of the State Superintendent of Education and 
School Commissioners, and compensation of County Treasurers for collect¬ 
ing and disbursing school moneys, shall not be paid out of the school funds, 
but shall be otherwise provided for by the General Assembly. 

Section 4. There shall be a State Board of Education composed of the 
Governor, the State Superintendent of Education, the heads of the faculties 
of the branches of the State University and the President of Clemson Agri¬ 
cultural College, and such other persons as may be added by the General 
Assembly, who shall serve without compensation, but whose traveling ex- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 309 


penses incurred in the performance of their duties shall he paid, of which 
Board the Governor shall he Chairman, and the State Superintendent of 
Education Secretary. This Board shall have the regulation of examina¬ 
tions of teachers applying for certificates of qualifications, and shall award 
all scholarships, and have such other powers and duties as may he deter¬ 
mined hy law. 

Section 5. The General Assembly shall provide for a liberal system of 
free public schools for all children between the ages of six and twenty-one 
years, not mentally disabled, and for the division of the Counties into 
suitable school districts, the present division and the provisions of law 
now governing the same to remain until changed by the General As¬ 
sembly. 

Section 6. The existing County Boards of Commissioners of the several 
Counties, or such officer or officers as may hereafter be vested with the 
same or similar powers and duties, shall levy an annual tax of three mills 
on the dollar upon all the taxable property in their respective Counties; 
which tax shall be collected at the same time and by the same officers as 
the other taxes for the same year and shall be held in the County treasury 
of the respective Counties, and the County School Commissioner shall 
apportion the said fund among the school districts of his County in pro¬ 
portion to the respective number of pupils enrolled in the public schools 
and notify the Trustees of the respective school districts thereof, who shall 
disburse the same by their warrant on the County Treasurer, to be approved 
by the County School Commissioner. 

Three Trustees for each school district shall be selected in such manner 
and for such terms as the General Assembly may determine. 

There shall be assessed on all taxable polls in the State between the ages 
of twenty-one and sixty years an annual tax of one dollar on each poll, 
the proceeds of which tax shall be expended for school purposes in the 
several school districts in which it is collected. Whenever during the 
three next ensuing fiscal years the tax levied by the said County Board of 
Commissioners, or similar officers, shall not yield an amount equal to three 
dollars per capita of the number of children enrolled in the public schools 
of each County for the scholastic year ending 31st of October, 1894, as it 
appears in the Report of the State Superintendent of Edueation for said 
scholastic year, the Comptroller General shall for the aforesaid three next 
ensuing fiscal years levy an annual tax on the taxable property of the State 
sufficient to make up such deficiency, and apportion same among the 
Counties of the State in proportion to the respective deficiencies therein : 
the sum so apportioned shall be paid by the State Treasurer to the County 
Treasurers of the respective Counties on the warrant of the Comptroller 
General, and shall be apportioned among the school districts of the Coun¬ 
ties, and disbursed as other school funds. 

And from and after the 1st day of November, A. D. 1898, the General 
Assembly shall cause to be levied annually on all the taxable property of 
the State such a tax, in addition to the said tax levied by the said County 
Board of Commissioners, or similar officers, and poll tax above provided, 
as may be necessary to keep the schools open throughout the State for such 
length of time in each scholastic year as the General Assembly may pre¬ 
scribe; and said tax shall be apportioned and disbursed as the additional 
tax for the three next ensuing fiscal years is required to be. 




310 


JOURNAL OP PROCEEDINGS, 


Any school district may, by the authority of the General Assembly, levy 
an additional tax for the support of its schools. 

Section 7. Separate schools shall be provided for children of the white 
and colored races. 

Section 8. The General Assembly shall provide for the maintenance of 
Clemson Agricultural College and the State University, and may create 
scholarships therein. The proceeds realized from the land scrip given 
by the Act of Congress, passed July 2, 1862, for the support of an agricul¬ 
tural college, and any lands or funds which have heretofore been or may 
hereafter be given or appropriated for educational purposes, shall be 
applied as directed in the Acts appropriating the same. 

Section 9. Neither the State nor any subdivision thereof, in which term 
are included cities and towns, shall use its property or credit, or any public 
money, or authorize or permit either to be used, directly or indirectly, in aid 
or maintenance of any school or institution of learning, or any charitable 
or other institution, of whatever kind, where instruction is given which is 
wholly or in part under the direction or control of any church or of any 
religious or sectarian society or organization. 

Section 10. All gifts, of every kind, for educational purposes, if accepted 
by the General Assembly, shall be applied and used for the purposes desig¬ 
nated by the giver, unless the same be in conflict with the provisions of this 
Constitution. 

Section 11. All gifts to the State where the purpose is not designated, all 
escheated property, and other money coming into the Treasury of the State 
by reason of the twelfth Section of an Act entitled “An Act to provide a 
mode of distribution of the moneys as direct tax from the citizens of this 
State by the United States in trust to the State of South Carolina,” approved 
December 24, 1891, together with such other means as the General Assembly 
may provide, shall be securely invested as the State school fund, and the 
annual income thereof shall be apportioned by the General Assembly for the 
purpose of maintaining the public schools. 

Section 12. All profits realized by the State from the sale or license for 
the sale of alcoholic liquors or beverages, not including so much thereof as is 
now or may hereafter be allowed by law to go to the Counties and municipal 
corporations of the State, shall be devoted to public school purposes, which 
fund shall be apportioned by the Comptroller General among the Counties 
of the State in proportion to the number of children enrolled in the public 
schools and apportioned and disbursed in said Counties as school taxes. 

Section 13. Educational'institutions for the benefit of the deaf, dumb and 
blind and such other benevolent institutions as the public good may re¬ 
quire shall be established and supported by the State, subject to such reg¬ 
ulations as may be prescribed by law. 

Section 14. Provision shall be made, when deemed practicable, by the 
General Assembly for the establishment and maintenance of a State re¬ 
form school for juvenile offenders. 

UNFINISHED BUSINESS. 

Mr. D. S. HENDERSON moved that unfinished business be passed 
for the present, and that No. 31, report of the Committee on Muni- 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 311 


cipal Corporations and Police Regulations, as to ordinance of Mr. 
Harrow concerning cities and towns situated in two Counties, be taken 
up ; which was agreed to. 

Section 1 was adopted as reported by the Committee. 

After debate, participated in by Messrs. J. L. Glenn, Howell, 
Harrow, Stokes, Otts, Morrison and Mitchell, 

Mr. HOWELL moved to strike out Section 2; which was 
agreed to. 

Section 1 was adopted and ordered engrossed for a third reading to¬ 
morrow. 

The Convention resumed the consideration of unfinished business. 

Section 1, Calendar No. 9, Article proposed by Committee on 
Municipal Corporations and Police Regulations. 

Mr. B. R. TILLMAN asked and obtained permission to withdraw 
his proposed amendment printed in the Journal of Hriday, September 
27, page 8. 

Section 1 was adopted as amended. 

Section 2. Mr. W. B. WILSON offered the following as a substitute 
for Section 2: 

Section 2. Provision shall be made by the Legislature for the incorpora¬ 
tion of all towns of more than one thousand inhabitants, but towns of less 
than one thousand inhabitants shall not be organized without the consent 
of the majority of the electors residing and entitled by law to vote within 
the district proposed to be incorporated; such consent to be ascertained in 
the manner and under such regulations as may be prescribed by law. 

Mr. STOKES moved to amend the substitute by striking out ‘‘one 
thousand” and inserting “five hundred” in lieu thereof. 

After debate by Messrs. B. R. Tillman, W. B. Wilson, Prince, 
Clayton, Burn, Gage, Stanyarne Wilson, Haynsworth, G. D. Tillman, 
McGowan, George Johnstone and D. S. Henderson, 

Mr. G. D. TILLMAN moved to lay the substitute on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows ; 

Yeas, 93 ; nays, 44. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Ashe, Atkinson, Austin, Barker, Barton, 
Bates, Behre, Bellinger, Berry, Bowen, Bowman, Breazeale, J. S. 
Brice, T. W. Brice, Buist, Byrd, Clayton, Cooper, DeHay, Dennis, 
Dent, Douglass, Doyle, Ellerbe, W. D. Evans, Harrdw, Hield, Hitch, 
Hraser, Gamble, Garris, Gilland, J. L. Glenn, J. P. Glenn, Graham, 




312 


JOURNAL OF PROCEEDINGS, 


Gray, Harris, Hay, Haynsworth, Hemphill, D. S. Henderson, Hiers, 
Howell, Hutson, Jervey, George Johnstone, Wilie Jones, Keitt, 
E. J. Kennedy, J. W. Kennedy, Klugh, Lee, McDermotte, Mc¬ 
Gowan, McKagen, McMakin, McWhite, Matthews, Meares, Mitchell, 
W. J. Montgomery, Nathans, Nicholson, Oliver, Patton, Peake, 
Prince, Ragsdale, J. H. Read, Redfearn, Rogers, Russell, Sheppard, 
Sloan, Smalls, Jeremiah Smith, R. F. Smith, W. C. Smith, Smoak, 
Stackhouse, Stribling, Sullivan, Taylor, G. D. Tillman, Timmerman, 
VonKolnitz, Wells, Whipper, A. H. White, S. E. White, Wigg, and 
Wiggins.—93. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Barry, Bobo, Bum, Cantey, Carver, 
Connor, Cunningham, Dudley, Floyd, Gage, Gary, Gooding, Gunter, 
Hamel, Harrison, Wm. Henderson, Henry, Hodges, Houser, Irby, 
T. E. Johnson, Lowman, McCalla, McCaslan, McCown, J. D. Mont¬ 
gomery, Moore, Morrison, Otts, Parrott, Patterson, Rosborough, 
Rowland, A. J. Smith, Sprott, Stokes, Talbert, B. R. Tillman, 
Waters, Wharton, Stanyarne Wilson, W. B. Wilson, and Woodward. 
—44. 

Mr. D. S. HENDERSON moved to reconsider the vote whereby 
the Convention agreed to lay on the table the substitute, and to lay 
that motion on the table; which was agreed to. 

Mr. W. B. WILSON moved to strike out Section 2 and the report 
thereon of the Committee. 

The question being put, the Convention refused to strike out. 

Mr. BELLINGER moved to lay on the table the reportof the Com¬ 
mittee proposing an amendment to the Section ; which was agreed to. 

Mr. STANYARNE WILSON moved to amend Section 2 by insert¬ 
ing after the word “town,” on line 1, the following : “except manu¬ 
facturing towns.” 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 59 ; nays, 72. 

Those who voted in the affirmative are: 

Yeas—Messrs. Alexander, Barry, Bobo, Bowen, Bowman, Burn, 
Cantey, Carver, Connor, Cooper, Cunningham, DeHay, Douglass, W. 
D. Evans, Field, Floyd, Garris, Gary, Gooding, Gunter, Hamel, 
Harrison, Wm Henderson, Henry, Hodges, Houser, Irby, T. E. 
Johnson, Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Low- 
man, McCalla, McCaslan, McCown, McDermotte, McMakin, Me- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 313 


White, Morrison, Otts, Parler, Parrott, Perritte, Redfearn, Rosborongh, 
Rowland, Sligh, A. J. Smith, Sprott, Stokes, Talbert, Taylor* B. R. 
Tillman, Waters, Stanyarne Wilson, W. B. Wilson, and Woodward.— 
59. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Anderson, Ashe, Atkinson, Austin, Barker, 
Barton, Bellinger, Berry, Breazeale, J. S. Brice, T. W. Brice, Buist, 
Byrd, Clayton, Dennis, Dent, Dudley, Ellerhe, Farrow, Fitch, Fraser, 
Gage, Gamble, Gilland, J. L. Glenn, J. P. Glenn, Graham, Gray, 
Harris, Hay, Haynsworth, Hemphill, D. S. Henderson, Hiers, Howell, 
Hutson, Jervey, George Johnstone, Klugh, Lee, McKagen, Matthews, 
Mears, Mitchell, W. J. Montgomery, Moore, Nathans, Nicholson, 
Patton, Peake, Prince, Ragsdale, J. H. Read, Rogers, Russell, Shep¬ 
pard, Sloan, Smalls, Jeremiah Smith, R, F. Smith, Smoak, Stack- 
house, Stribling, Sullivan, G. D. Tillman, VonKolnitz, Wells, Whar¬ 
ton, Whipper, A. H. White, S. E. White, and Wiggins.—73. 

Section 2 was adopted as reported by the Committee. 

Section 7. Mr. D. S. HENDERSON moved to strike out Section 
7 ; which was agreed to. 

Mr. D. S. HENDERSON moved to strike out Sections 16, 17, 18 ; 
which was agreed to. 

Calendar No. 9, Articles proposed by Committee on Municipal Cor¬ 
porations and Police Regulations, was adopted as amended. Having- 
received a second reading was ordered engrossed for a third reading 
to-morrow. 

On motion of Mr. ROGERS, the Convention, at 1.50 P. M., 
receded from business until 8 P. M. this day. 


RECESS. 

Vice President TALBERT resumed the chair at 8 P. M. 

UNFINISHED BUSINESS. 

The Convention proceeded to the consideration of 
Calendar No. 10, report of the Legislative Committee. 

The pending question being the motion of Mr. Gray to strike out 
the word “three” before the word “ dollars” and insert in lieu 
thereof the word “four.” 




314 


JOURNAL OF PROCEEDINGS, 


After debate, participated in by Messrs. W. J. Montgomery, Sligh, 
Gray, Burn, W. D. Evans and Barton, 

Mr. W. D. EVANS offered the following amendment: On line 2, 
Section 20, after “ receive” insert the words “not less than.” 

Also, add to the end of the Section “Provided, That the per diem 
and mileage of the members of the General Assembly shall not be in¬ 
creased during their term of office.” 

Mr. SLIGH moved to lay the amendments on the table. 

The question being put, the Convention refused to lay the amend¬ 
ments on the table. 

The amendments were adopted. 

Mr. BELLINGER moved to strike out the Section as amended; 
which was agreed to. 

Mr. BELLINGER moved to reconsider the vote whereby the Con¬ 
vention agreed to strike out the Section as amended, and to lay that 
motion on the table ; which was agreed to. 

Sections 21, 22, 23 and 24 were adopted as reported by the Com¬ 
mittee. 

Section 25. Mr. RAGSDALE moved to amend line 4, after the 
word “ militia,” by inserting the words “ and Notaries Public;” which 
was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend by striking out 
after the words “Notaries Public” the words “Magistrates or Jus¬ 
tices of inferior Courts while such Justices receive no salary;” which 
was agreed to. 

Mr. SHEPPARD moved to recur to Section 8 ; which was agreed to. 

Mr. SHEPPARD moved to add the following to Section 8 : “Sen¬ 
ators shall be so classified that one-half of their number, as nearly as 
practicable, shall be chosen every two years. Whenever the General 
Assembly shall establish more than one County at any session, it shall 
so prescribe the first term of the Senators from such Counties as to 
observe such classification ;” which was agreed to. 

The Section as amended was adopted. 

Section 27. Mr. W. B. WILSON offered the following: to amend 
by striking out all of said Section after the words “ United States 39 
on line 9. 

After debate by Messrs. Hutson, Henderson and Clayton, 

Mr. ME ARES offered the following : Strike out all after the 9th 
line down to “so help me God.” 

Mr. WILSON accepted the amendment. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 315 


The yeas and nays were requested, and are as follows : 

Yeas, 59 ; nays, 77. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Barker, Barry, Barton, Behre, Berry, 
T. W. Brice, Carver, Clayton, Cunningham, Ellerbe, W. D. Evans, 
Farrow, Fitch, Floyd, Gary, Gilland, Gooding, Graham, Gray, Har¬ 
rison, Haynsworth, Henry, Hutson, Irby, Jervey, Wilie Jones, Lee, 
McCalla, McCaslan, McCown, McDermotte, McGowan, McMakin, 
Matthews, Meares, W. J. Montgomery, Parrott, Patton, Prince, 
Ragsdale, J. H. Read, I. R. Reed, Rogers, Sheppard, Sloan, Smalls, 
A. J. Smith, Jeremiah Smith, W. C. Smith, Sullivan, B. R. Tillman, 

G. D. Tillman, VonKolnitz, Wharton, S. E. White, Stanyarne Wil¬ 
son, and W. B. Wilson.—59. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Austin, Bellinger, Bobo, Bowen, Bow¬ 
man, Breazeale, J. S. Brice, Buist, Burn, Byrd, Cantey, Clayton, 
Connor, Dennis, Douglass, Doyle, Dudley, Efird, Field, Fraser, Gage, 
Garris, J. L. Glenn, J. P. Glenn, Gunter, Hamel, Harris, Hay, 
Hemphill, D. S. Henderson, Wm. Henderson, Hiers, Houser, Howell, 
T. E. Johnson, George Johnstone, Keitt, E. J. Kennedy, J. W. 
Kennedy, Klugh, Lowman, McKagen, Me White, Miller, Mitchell, 
J. D. Montgomery, Moore, Morrison, Mower, Nathans, Nicholson, 
Otts, Patterson, Peake, Perritte, Redfearn, Rosborough, Rowland, 
Russell, Sligh, R. F. Smith, Smoak, Sprott, Stackhouse, Stokes, 
Stribling, Talbert, Taylor, Timmerman, Waters, Wells, Whipper, A. 

H. White, Wigg, and Woodward.—77. 

Mr. COOPER moved to reconsider the vote whereby the Conven¬ 
tion had refused to agree to the amendment proposed by Mr. Meares, 
and to lay that motion on the table ; which was agreed to. 

Mr. BYRD moved to amend line 13 by adding after the word 
f( otherwise” the words “ that this shall not apply to members of the 
General Assembly or any State officer.” 

After debate, participated in by Messrs. Byrd, Burns and Sligh, 

Mr. S LIGH moved to lay the amendment on the table ; which was 
agreed to. 

Mr. WIGG moved to amend line 4 by adding after the word “oath” 
the words “and no other.” 

The question being put, the Convention refused to adopt the amend¬ 
ment. 

Mr. D. S. HENDERSON moved to amend line 10 by filling the 
blank as follows : “ First day of January, 1881;” which was agreed to. 



316 


JOURNAL OF PROCEEDINGS, 


Mr. JERVEY moved to amend line 10 by striking out after the 
word “ affirm” down to and including the word t( and 99 on the eleventh 
line. 

Mr. D. S. HENDERSON moved to lay the amendment on the 
table ; which was agreed to by a rising vote—yeas 67, nays 60. 

Mr. WIGG moved to amend line 13 by adding after the word 
‘‘ otherwise ” the words “ora lynching bee.” 

Mr. D. S. HENDERSON moved to lay the amendment on the 
table ; which was agreed to. 

Mr. STANYARNE WILSON moved to amend lines 11 and 12 by 
inserting after the word “ duel 99 the words “ in this State.” 

Mr. SLIGH moved to lay the motion on the table. 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 85 ; nays, 52. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Austin, Bellinger, Berry, Bobo, Bowen, 
Bowman, Breazeale, J. S. Brice, T. W. Brice, Buist, Burn, Cantey, 
Connor, Cooper, Dennis, Hoyle, Dudley, Efird, Field, Eraser, Gage, 
Garris, Gilland, J. L. Glenn, Gooding, Gunter, Hamel, Harrison, 
Hay, Hemphill, D. S. Henderson, Wm. Henderson, Hiers, Houser, 
Howell, Hutson, T. E. Johnson, George Johnstone, Keitt, E. J. 
Kennedy, J. W. Kennedy, Klugh, Lowman, McOaslan, McDermotte, 
McKagen, McMakin, Me White, Matthews, Meares, Miller, Mitchell, 
J. D. Montgomery, W. J. Montgomery, Moore, Morrison, Mower, 
Nathans, Otts, Patterson, Peake, Perritte, Ragsdale, Redfearn, Row¬ 
land, Russell, Sligh, Jeremiah Smith, R. F. Smith, Smoak, Sprott, 
Stackhouse, Stokes, Stribling, Sullivan, Talbert, Taylor, Timmer¬ 
man, Waters, Wells, Whipper, A. H. White, Wiggins, and Wood¬ 
ward.—85. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Barker, Barry, Barton, Behre, Byrd, 
Carver, Clayton, Cunningham, DeHay, Douglass, Ellerbe, W. D. 
Evans, Farrow, Fitch, Floyd, Gamble, Gary, J. P. Glenn, Graham, 
Gray, Harris, Haynsworth, Henry, Irby, Jervey, Wilie Jones, Lee, 
McOalla, McCown, McGowan, Nicholson, Parrott, Patton, Prince, 
J. II. Read, I. R. Reed, Rogers, Rosborough, Sheppard, Sloan, 
Smalls, A. J. Smith, W. C. Smith, B. R. Tillman, G. D. Tillman, 
VonKolnitz, Wharton, S. E. White, Wigg, Stanyarne Wilson, and 
W. B. Wilson.—52. 

Section 27 as amended was adopted. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 317 


Mr. D. S. HENDERSON moved to reconsider the vote whereby 
the Convention had adopted Section 27 as amended, and to lay that 
motion on the table ; which was agreed to. 

Section 28 was adopted as reported by the Committee. 

Sectiou 29. Mr. SHEPPARD moved that further consideration of 
this Section he postponed until to-morrow, and that all the proposed 
amendments be printed in the Journal; which was agreed to. 

AMENDMENTS OFFERED TO SECTION 29. 

By Mr. FRASER— 

On line 7, after the word “ dollars, 7 ’ insert: “ The title to the homestead to 
be set off and assigned shall be forever discharged from all debts of said 
debtor then existing or thereafter contracted. 

By Mr.- 

Section 29, line 5, add the word “to” between the words “and every.” 

By Mr. J. L. GLENN— 

Mr. J. L. Glenn moves to amend Section 29 by striking out lines 20, 21 
and 22 of the printed Article. 


By Mr. FARROW— 

Amend Section 29 by striking out all of the proviso commencing on 
line 18. 

By Mr. B. R. TILLMAN— 

Strike out on line 19 all after the word “homestead” down to “after.” 

On line 20 insert “ and” before “after.” 

On line 20 strike out “mortgaged.” 

By Mr. PRINCE— 

Amend Section 29 of Report of Legislative Committee in the following 
particulars: 

1st. Strike out all after the word “State” on third line down to and includ¬ 
ing the word “dollars” on seventh line of printed Bill, and insert in lieu 
thereof the following: “ Except as hereinafter excepted, property, real or 
personal, or both, of value in the aggregate of one thousand dollars, for a 
family homestead.” 




318 


JOURNAL OF PROCEEDINGS, 


2nd. Strike out all after the word “ to” on 10th line of printed Bill down 
to and including the word “jointly” on 13thline, and insert in lieu thereof 
the following: “Such exemption of her property as may he sufficient to 
make out her husband’s homestead, but in no event shall there be an 
exemption to the husband and wife jointly of property to the value of more 
than one thousand dollars.” 

3d. Amend Section 29 as follows: Strike out all after the word “further” 
on line 18, and insert in lieu thereof “Section 2 of resolution printed on 
page 20 of Journal of fourth day.” 

By Mr. HOWELL— 

Amend by striking out all after the word “debt” on line 19. 

By Mr. W. J. MONTGOMERY— 

On line 21, after the word “mortgaged,” insert semicolon; then, before 
the word “sold” insert the words “and if;” and on same line after the 
word “conveyed” strike out the word “except” and insert “it shall be 
done.” 


By Mr. MEARES— 

On line 5, between the words “and” and “every,” insert the word “to”; 
so that it may read “ and to every head of a family, &c.” 

By Mr. RAGSDALE— 

Strike out all after the word “ debt” on the 19th line of Section 29. 

After the word debt on line 19, Section 29, add the following: “and no 
judgment creditor or other creditor whose lien does not bind the home¬ 
stead shall have any right or equity to require a mortgage which embraces 
the homestead and other property to first exhaust the homestead.” 

By Mr. W. B. WILSON— 

Amend Section 29 by striking out all after the words “ except by” on line 
21, and insert the following: “the joint deed of the husband and wife, if 
both be living.” 

Section 30 was adopted as reported by the Committee. 

Section 31 was adopted as reported by the Committee. 

Section 32. Mr. GARY moved to amend by striking out the word 
“ all,” in line 1; which was agreed to. 

Mr. BUIST moved to amend by adding to the end of the Section 
the following: “Nor to interfere with the discretion of the General 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 319 


Assembly in confirming the title to lands claimed to belong to the 
State, but used or possessed by other parties under an adverse claim ; ” 
which was agreed to. 

Section 33. Mr. GEORGE JOHNSTONE moved to add to the end 
of the Section the words “ Nor shall it grant pensions except for mili¬ 
tary service which was agreed to. 

Section 34. Mr. GEORGE JOHNSTONE moved to amend line 2 
by striking out “one-eighth or more of ” and insert the word “any ;” 
which was agreed to. 

Mr. SMA LLS moved to amend as follows : by adding after the word 
“void” on the second line the words “and that any white person 
who lives and cohabits with a negro, or mulatto, or person who shall 
have one-eighth or more of negro blood shall be disqualified from 
holding any office of emolument or trust in this State, and the off¬ 
spring of any such living or cohabitation shall bear the name of the 
father, and shall be entitled to inherit and acquire property the same 
as if they were legitimate.” 

Mr. COOPER moved to amend the amendment by striking out all 
after the words “ in this State.” 

Mr. W. D. EVANS moved to lay on the table the amendment and 
the amendment to the amendment; which was agreed to. 

Mr. B. R. TILLMAN moved to reconsider the vote by which the 
amendment had been tabled ; which was agreed to. 

Mr. COOPER then renewed his amendment. 

After debate, participated in by Messrs. Smalls, B. R. Tillman, 
Prince, Lee and Miller, it was moved to lay the amendment on the 
table. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 22; nays, 103. 

Those who voted in the affirmative are: 

Yeas—Messrs. Aldrich, Bowen, J. S. Brice, Buist, Carver, Gilland, 
Henry, Jervey, George Johnstone, McCalla, McGowan, Meares, Miller, 
J. D. Montgomery, Mower, Nathans, I. R. Reed, Sloan, Smalls, 
Whipper, A. H. White, and Wigg.—22. 

Those who voted in the negative are : 

Nays—Messrs. Austin, Barker, Barry, Bellinger, Berry, Bobo, Bow¬ 
man, Breazeale, T. W. Brice, Burn, Byrd, Cantey, Clayton, Connor, 
Cooper, Cunningham, DeJIay, Dennis, Douglass, Dudley, Efird, 
Ellerbe, W. D. Evans, Farrow, Field, Fitch, Fraser, Gage, Gamble, 
Garris, Gary, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gray, 
Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. IJender- 



320 


JOURNAL OF PROCEEDINGS, 


son, AVm. Henderson, Hiers, Honser, Howell, Hutson, Irby, T. E. 
Johnson, Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, 
Lee, Lowman, McCaslan, McDermotte, McKagen, McMakin, Mc- 
White, Matthews, Mitchell, W. J. Montgomery, Moore, Morrison, 
Nash, Otts, Patterson, Patton, Peake, Perritte, Prince, Ragsdale, 
J. II. Read, Redfearn, Rogers, Rosborough, Rowland, Russell, Shep¬ 
pard, Sligh, A. J. Smith, Jeremiah Smith, R. F. Smith, Smoak, 
Sprott, Stackhouse, Stokes, Sullivan, Talbert, B. R. Tillman, G. D. 
Tillman, Timmerman, Waters, Wells, Wharton, S. E. White, Wig¬ 
gins, Stanyarne Wilson, W. B. Wilson, and Woodward.—103. 

The pending question being the amendment of Mr. Cooper, Mr. 
Smalls having the floor. 

On motion of Mr. D. S. HENDERSON", the Convention, at 11 
P. M., adjourned until 10 A. M. to-morrow. 


TWENTY-FIRST DAY. 


Thursday, October 3, 1 895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

Owing to the illness of the President, Vice President TALBERT 
took the chair. 

A quorum being present, the proceedings were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Mr. HEMPHILL asked, and obtained indefinite leave of absence 
for himself on account of sickness in his family. 

Mr. RAGSDALE asked and obtained leave of absence for Mr. T. 
W. Brice until Monday. 

Mr. BEHRE asked and obtained indefinite leave of absence for 
Mr. Garris. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 321 


Mr. FITCH asked and obtained leave of absence for Mr. Nathans 
until Monday next. 

Mr. CANTEY asked and obtained leave of absence for himself 
until Wednesday next. 

Mr. WHARTON asked and obtained leave of absence for himself 
until Tuesday next. 


RESOLUTIONS. 

Mr. SHEPPARD, for the Committee on Rules, submitted the fol¬ 
lowing, which was considered immediately and agreed to : 

REPORT OF COMMITTEE ON RULES. 

To the President and Members of the Convention: 

The Committee on Rules respectfully report the accompanying’ resolu¬ 
tion and recommend its adoption. J. C. SHEPPARD. 

J. E. BREAZEALE. 

C. W. GARRIS. 

Besolved, That members may “ pair ” upon any questions before the Con¬ 
vention ; in such case, the member present shall state how he would have 
voted if the other party to the pair had been present. 

Mr. BUIST introduced the following : 

Besolved, That the Committee on Rules prepare a rule or rules limiting 
debate, and report the same to this Convention at the night session. 

On motion of Mr. SHEPPARD, the resolution was laid on the table. 
REPORTS OF STANDING COMMITTEES. 

Mr. W. J. MONTGOMERY, for the Committee on Engrossed Reso¬ 
lutions and Ordinances, to whom was referred an Article relating to 
Miscellaneous Matters, reported that the Article had been correctly 
engrossed and revised. Ordered for a third reading to-morrow. 

GENERAL ORDERS. 

Mr. PATTERSON moved to take up out of its order Calendar No. 
35 ; which was agreed to. 

Besolved, That speeches be limited to ten minutes on all subjects except 
the suffrage question. 

Mr. PATTERSON moved to amend as follows : 

Besolved, That speeches be limited to ten minutes on all subjects except 
when the Convention consents. 

21-500 



322 


JOURNAL OF PROCEEDINGS, 


Mr. WIGG moved to amend the amendment as follows : except 
on the suffrage question." 

On motion of Mr. PATTERSON, the amendment was laid on the 
table. 

Mr. VON KOLNITZ offered the following as a substitute for the 
original and the amendment : 

Resolved, That debate be limited to thirty minutes to each delegate. 

On motion of Mr. PATTERSON, the proposed substitute was laid 
on the table. 

Mr. McOOWN moved to amend the amendment by adding after 
“ consent" “ Provided , Each member may dispose of his time of ten 
minutes as he desires." 

On motion of Mr. STANYARNE WILSON, the proposed amend¬ 
ment was laid on the table. 

After debate by Messrs. Patterson, W. J. Montgomery, Sheppard, 
Wigg, Ellerbe, George Johnstone, Wharton, Stanyarne Wilson, 
Mitchell, W. D. Evans, Stribling, Alexander, McCown, Sligh, Von- 
Kolnitz, G. D. Tillman and Sheppard, 

The question being put: “ Will the Convention agree thereto ?" it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 58 ; nays, 73. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Austin, Barry, Barton, Behre, 
Bobo, Bowman, Breazeale, T. W. Brice, Burn, Cantey, Carver, Cooper, 
Cunningham, DeHay, Dennis, Dent, Douglass, Doyle, Gary, J. P. 
Glenn, Gunter, Harris, Wm. Henderson, Hiers, Houser, Wilie Jones, 
J. W. Kennedy, Lowman, McCalla, McMakin, McWhite, Moore, 
Morrison, Nathans, Otts, Patterson, J. H. Read, Rosborough, Row¬ 
land, Russell, W. C. Smith, Smoak, Sprott, Stokes, Stribling, Sulli¬ 
van, Talbert, Taylor, Timmerman, Waters, Wells, Wharton, A. H. 
White, S. E. White, Stanyarne Wilson, and Woodward.—58. 

Those who voted in the negative are : 

Nays—Messrs. Barker, Berry, Bowen, J. S. Brice, Buist, Byrd, Clay¬ 
ton, Connor, Dudley, Efird, Ellerbe, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Fraser, Gage, Gamble, Garris, Gilland, J. L. Glenn, Gooding, 
Graham, Gray, Hamel, Hay, Haynsworth, D. S. Henderson, Henry, 
Howell, Hutson, Irby, Jervey, George Johnstone, Keitt, E. J. Ken¬ 
nedy, Lee, McCaslan, McCown, McDermotte, McGowan, McKagen, 
Meares, Miller, Mitchell, J. D. Montgomery, W. J. Montgomery, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 323 


Mower, Nash, Nicholson, Peake, Perritte, Prince, Ragsdale, Redfearn, 
Sheppard, Sligh, Sloan, Smalls, A. J. Smith, Jeremiah Smith, R. F. 
Smith, Stackhouse, B. R. Tillman, G. D. Tillman, VonKolnitz, 
Whipper, Wigg, Wiggins, and W. B. Wilson.—73. 

Mr. GARY moved to take up Calendar No. 26, report of a part of 
the Committee on Counties and County Government; also No. 29, 
report of the Committee on Counties and County Government; 
which was agreed to. 

Mr. GARY moved that Nos. 26 and 29 be made special orders for 
12 M. Wednesday next ; which was agreed to. 

UNFINISHED BUSINESS. 

The Convention resumed the consideration of Calendar No. 10, 
Report of the Legislative Committee. 

Mr. SLIGH asked and obtained unanimous consent to introduce 
the following as Section 20 in lieu of Section 20, which was stricken 
out yesterday ; which was agreed to : 

Section 20. Each member of the General Assembly shall receive live 
cents for every mile for the ordinary route of travel in going to and return¬ 
ing from the place where the sessions of the Legislature are held, and no 
General Assembly shall have the power to increase the per diem of its own 
members, and members of the General Assembly when convened in extra 
session shall receive the same compensation as is fixed by law for the 
regular session and no other. 

The Section was adopted as proposed. 

The pending question being the amendment proposed by Mr. 
Cooper to the amendment proposed by Mr. Smalls to Section 34. 

Mr. ALDRICH moved to strike out the entire Section and to 
indefinitely postpone all amendments proposed thereto. 

On motion of Mr. G. D. TILLMAN, the motion to strike out was 
laid on the table. 

On motion of Mr. G. D. TILLMAN, Mr. Cooper's amendment to 
the amendment and Mr. Smalls's amendment to the Section were laid 
on the table. 

Mr. D. S. HENDERSON moved to add the following to the end of 
Section 34: 

Nothing in this Section contained shall be construed to invalidate any 
such marriage heretofore legally entered into, or affect the offspring 
thereof, or the future marriage of any such offspring with white persons. 




324 


JOURNAL OF PROCEEDINGS, 


On motion of Mr. BARKER, the amendment was laid on the table. 

Mr. B. R. TILLMAN moved to amend by adding the following to 
the end of the Section : 

And the parties to such marriage, upon conviction, shall he punished as 
the General Assembly may prescribe. 

After debate by Messrs. Aldrich, Wigg, Johnstone, B. R. Tillman, 
Sligh, G. D. Tillman, Smalls, Barker, Fitch, Prince, and D. S. Hen¬ 
derson, 

Mr. GEORGE JOHNSTONE moved to lay on the table the amend¬ 
ment proposed by Mr. B. R. Tillman and all other amendments re¬ 
lating to the Section. 

The question being put : “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 33 ; nays, 93. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Barker, Behre, J. S. Brice, Cunningham, 
Douglass, W. D. Evans, Farrow, Fraser, Gage, Gamble, Garris, Gary, 
Gilland, J. L. Glenn, Gray, Jervey, George Johnstone, E. J. Ken¬ 
nedy, Klugh, Lee, Meares, Peake, Ragsdale, J. H. Read, Redfearn, 
Sligh, Stribling, Taylor, G. D. Tillman, A. H. White, S. E. White, 
and W. B. Wilson.—33. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Austin, Barry, Barton, Bobo, Bowen, 
Bowman, Breazeale, T. W. Brice, Buist, Burn, Byrd, Cantey, Carver, 
Clayton, Connor, Cooper, DeHay, Dennis, Dent, Doyle, Dudley, 
Efird, Ellerbe, Field, Fitch, J. P. Glenn, Gooding, Graham, Gunter, 
Hamel, Harris, Harrison, Haynsworth, D. S. Henderson, Win. Hen¬ 
derson, Henry, Hiers, Houser, Howell, Hutson, Irby, T. E. Johnson, 
Wilie Jones, Keitt, J. W. Kennedy, Lowman, McCalla, McCaslan, 
McCown, McDermotte, McKagen, McMakin, McWhite, Miller, 
Mitchell, J. D. Montgomery, W. J. Montgomery, Moore, Morrison, 
Nash, Nicholson, Oliver, Otts, Parrott, Patterson, Perritte, Prince, 
I. R. Reed, Rogers, Rosborough, Rowland, Russell, Sheppard, Sloan, 
Smalls, A. J. Smith, Jeremiah Smith, R. F. Smith, Smoak, Stack- 
house, Stokes, Talbert, B. R. Tillman, Timmerman, VonKolnitz, 
Waters, Wells, Wharton, Wigg, Wiggins, Stanyarne Wilson, and 
Woodward.—93. 

Mr. G. D. TILLMAN moved to reconsider the vote whereby the' 
Convention on yesterday agreed to the amendment proposed by Mr. 
(Jeorge Johnstone to Section 34. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 325 


After debate, participated in by Messrs. G. D. Tillman and George 
Johnstone, the question being put, the Convention refused to recon¬ 
sider the amendment. 

The amendment proposed by Mr. B. R. TILLMAN was then 
adopted. 

Section 34 as amended was then adopted. 

Mr. GEO. JOHNSTONE moved to reconsider the vote whereby 
the Section as amended was adopted, and to lay that motion on the 
table ; which was agreed to. 

On motion of Mr. SLIGH, the Convention, at 1:55 P. M., receded 
from business until 8 P. M. this day. 


RECESS. 

The VICE PRESIDENT resumed the chair at 8 P. M. 
RESOLUTIONS. 

Mr. B. R. TILLMAN offered the following resolution, and asked 
its immediate consideration : 

Besolved, That when this Convention adjourns Friday, it stand adjourned 
till Tuesday, October 15th, at 12 M., and that no pay be allowed during the 
recess except mileage. 

After debate by Messrs. B. R. Tillman, W. D. Evans, D. S. Hen¬ 
derson, Otts, Rogers, Lee and Fields, 

The question being put: “ Will the Convention agree thereto ?” 

it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 83 ; nays, 38. 

Those who voted in the affirmative are : 

Yeas—Messrs. Austin, Barker, Barton, Berry, Bobo, Bowen, Bow¬ 
man, Breazeale, J. S. Brice, Buist, Burn, Byrd, Cantey, Carver, 
Clayton, Connor, Cooper, DeHay, Dennis, Doyle, Dudley, Ellerbe, 
W. D. Evans, Gamble, Garris, Gary, Gooding, Graham, Gray, 
Harris, Harrison, Hay, Haynsworth, Wm. Henderson, Henry, Hiers, 
Howell, Hutson, Irby, George Johnstone, Wilie Jones, Keitt, J. W. 
Kennedy, Klugh, Lowman, McCalla, McCaslan, McCown, McDer- 
motte, McGowan, Matthews, Miller, Mitchell, J. D. Montgomery, 
Moore, Morrison, Nathans, Nicholson, Oliver, Parrott, Peake, Per- 
ritte, Ragsdale, Redfearn, I. R. Reed, Rogers, Rowland, Sligh, Sloan, 





326 


JOURNAL OF PROCEEDINGS, 


Smalls, Jeremiah Smith, Stackhouse, Stribling, Taylor, B. R. Till¬ 
man, G. D. Tillman, Yon Kolnitz, Wells, Wharton, Whipper, Wigg, 
Wiggins, and Woodward.—83. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Alexander, Barry, Behre, Cunningham, 
Douglass, Farrow, Field, Fitch, Floyd, Fraser, Gage, Gilland, J. L. 
Glenn, J. P. Glenn, Gunter, Hamel, D. S. Henderson, Houser, T. E. 
Johnson, E. J. Kennedy, Lee, McKagen, McWhite, Nash, Otts, Pat¬ 
terson, Prince, Rosborough, Russell, Sheppard, Smoak, Stokes, Tal¬ 
bert, Timmerman, A. H. White, S. E. White, and Stanyarne Wil¬ 
son.—38. 

Mr. PRINCE introduced the following resolution, which was con¬ 
sidered immediately and agreed to : 

Besolved, That the officers and employees of this Convention he allowed 
the same mileage that the members of the Convention receive for going to 
their homes and returning. 


REPORTS OF STANDING COMMITTEES. 

Mr. STANYARNE WILSON submitted the following report of 
the Committee on Judicial Department, which was read the first time 
and ordered for consideration to-morrow : 

REPORT OF COMMITTEE ON JUDICIAL DEPARTMENT. 

The Committee on Judicial Department ask leave to report. 

The resolutions referred to this Committee are to be found in the Jour¬ 
nal as follows: 

Mr. Farrow’s, Journal of September 13th, page 2. 

Mr. Wharton’s, Journal of September 13th, page 2. 

Mr. Stokes’s, Journal of September 13th, page 6. 

Mr. Hodges’, Journal of September 13th, page 10. 

Mr. Aldrich’s, Journal of September 13th, page 20. 

Mr. Otts’s, Journal of September 13th, page 14. 

Mr. McWhite’s, Journal of September 14th, page 6. 

Mr. Hutson’s, Journal of September 14th, page 5. 

Mr. Smoak’s, Journal of September 14th, page 6. 

Mr. Miller’s, Journal of September 14th, page 8. 

Mr. Bowman’s, Journal of September 16th, page 5. 

Mr. Sloan’s, Journal of September 16th, page 7. 

Mr. Smith’s, Journal of September 16th, page 10. 

Mr. Dudley’s, Journal of September 16th, page 11. 

Mr. Clayton’s, Journal of September 17th, page 2. 

Mr. Fraser’s, Journal of September 18th, page 3. 

Mr. Fitch’s, Journal of September 18th, page 7. 

Mr. Howell’s, Journal of September 18th, page 17. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 327 


Mr. Tillman’s, Journal of September 18th, page 20. 

Mr. Moore’s, Journal of September 19th, pages 12, 15, 17 and 18. 

Mr. McKagen’s, Journal of September 19th, page 14. 

Mr. Klugli’s, Journal of September 19th, page 16. 

Mr. Mower’s, Journal of September 20th, page 2. 

Mr. Buist’s, Journal of September 20th, page 4. 

Mr. Oliver’s, Journal of September 20tli, page 7. 

Mr. McMahan’s, Journal of September 21st, page 3. 

Mr. Otts’s, Journal of September 23d, page 10. 

The Committee recommends the adoption of the accompanying docu¬ 
ment as Article IV of the Constitution. 

STANYARNE WILSON, 

October 3rd, 1895. Chairman. 

ARTICLE IV. 

Judicial Department. 

Section 1. The judicial power of this State shall be vested in a Supreme 
Court, in two Circuit Courts, to-wit: A Court of Common Pleas, having 
civil jurisdiction, and a Court of General Sessions, with criminal jurisdic¬ 
tion only. The General Assembly may also establish County Courts, 
municipal and such other Courts inferior to Circuit Courts as may be 
deemed necessary. 

Section 2. The Supreme Court shall consist of a Chief Justice and three 
Associate Justices, all of whom shall be present to constitute the Court. 
They shall be elected by a joint viva voce vote of the General Assembly for 
the term of eight years, and shall continue in office until their successors 
shall be elected and qualified, and shall be so classified that one of them 
shall go out of office every two years. 

Section 3. The present Chief Justice and Associate Justices of the 
Supreme Court are declared to be the Chief Justices and two of the As¬ 
sociate Justices of said Court as herein established until the terms for 
which they were elected shall expire, and the General Assembly at its next 
session shall elect the third Associate J ustice and make suitable provision 
for accomplishing the classification above directed. 

Section 4. The Supreme Court shall have power to issue writs or orders 
of injunction, mandamus, quo warranto, prohibition, certiorari, habeas cor¬ 
pus, and other original and remedial writs; and said Court shall have 
appellate jurisdiction only in cases of chancery, and shall constitute a 
Court for the correction of errors at law under such regulations as the Gen¬ 
eral Assembly may by law prescribe. 

Section 5. The Supreme Court shall be held at least twice in each year at 
the seat of government, and at such other place or places in the State as 
the General Assembly may direct. 

Section 6. No Judge shall preside on the trial of any cause in the event 
of which he may be interested, or where either of the parties shall be con¬ 
nected with him by affinity or consanguinity, within such degrees as may 
be prescribed by law, or in which he may have been counsel or have pre¬ 
sided in any inferior Court. In case all or any of the Judges of the Supreme 
Court shall be thus disqualified, or be otherwise prevented from presiding 
in any cause or causes, the Court, or the Judges thereof, shall certify the 




328 


JOURNAL OF PROCEEDINGS, 


same to the Governor of the State, and he shall immediately commission 
specially the requisite number of men learned in the law for the trial and 
determination thereof. The same course shall he pursued in the Circuit 
and inferior Courts as is prescribed in this Section for cases of the Supreme 
Court. 

Section 7. There shall be appointed by the Justices of the Supreme Court 
a Reporter and a Clerk of said Court, who shall hold their offices for four 
years, and whose duties and compensation shall be prescribed by law. 

Section 8. When a judgment or decree is reversed or affirmed by the 
Supreme Court, every point made and distinctly stated in the cause and 
fairly arising upon the record in the case shall be considered and decided, 
and the reasons thereof shall be concisely and briefly stated in writing and 
preserved with the records of the case. 

Section 0. The Judges of the Supreme Court and Circuit Courts shall each 
receive compensation for their services, to be fixed by law, which shall not 
be increased or diminished during their continuance in office. They shall 
not be allowed any fees or perquisites of office, nor shall they hold any other 
office of trust or profit under this State, the United States, or any other 
power. 

Section 10. No person shall be eligible to the office of Judge of the Su¬ 
preme Court or Circuit Courts who is not at the time of his election a citi¬ 
zen of the United States and of this State, and has not attained the age of 
thirty years and been a resident of this State for five years next preceding 
his election. 

Section 11. All vacancies in the Supreme Court or inferior tribunals shall 
be filled by elections as herein prescribed : Provided, That if the unexpired 
term does not exceed one year such vacancy may be filled by Executive 
appointment. All Judges, by virtue of their office, shall be conservators of 
the peace throughout the State. 

Section 12. In all cases decided by the Supreme Court the concurrence of 
three of the Justices shall be necessary for a decision; but whenever, upon 
the hearing of any cause or question before the Supreme Court, it shall 
appear to the Justices of the same, or any two of them, that there is a ques¬ 
tion of Constitutional law, or of conflict between the Constitution and laws 
of this State and of the United States, or between the duties and obliga¬ 
tions of her citizens under the same, or in case the Court shall be equally 
divided on any question, it shall be the duty of the Chief Justice, or in his 
absence of the presiding Associate Justice, to call to the assistance of the 
Supreme Court all the Judges of the Circuit Court except the Circuit Judge 
who may have tried the cause; the decision of which Court, or a majority 
of the Justices and Judges sitting in the same, shall be final and conclusive; 
and the Chief Justice, or in his absence the presiding Associate Justice, 
shall likewise, at the wish of any two of the Justices of the Supreme Court, 
call to the assistance of the Supreme Court said Circuit Judges for the 
determination of any other cause or question to be submitted to them, and 
the decision of said Court, or a majority of the Justices and Judges sitting in 
the same, shall be final and conclusive. And in such cases the Chief Justice, 
or in his absence the presiding Associate Justice, shall preside. 

Section 18. The State shall be divided into as many Judicial Circuits as 
the General Assembly may prescribe, and for each Circuit a Judge shall be 
elected by joint viva voce vote of the General Assembly, who shall hold his 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 329 


office for a term of eight years; and at the time of his election he shall he 
an elector of a County of, and during his continuance in office he shall 
reside in, the Circuit of which he is Judge. The present Judges of the 
Circuit Courts shall continue in office until the expiration of the terms for 
■which they were elected. 

Section 14. Judges of the Circuit Courts shall interchange Circuits with 
each other, and the General Assembly shall provide therefor. 

Section 15. The Courts of Common Pleas shall have original jurisdiction, 
subject to appeals to the Supreme Court, to issue writs or orders of injunc¬ 
tion, mandamus, prohibition, certiorari , quo warranto, habeas corpus, and 
such other writs as may be necessary to carry their powers into full effect. 
They shall have jurisdiction in all civil cases. They shall have appellate 
jurisdiction in all cases within the jurisdiction of inferior Courts. 

Section 16. The Court of Common Pleas shall sit in each County in this 
State at least twice in every year, at such stated times and places as may 
be appointed by law. 

Section 17. It shall be the duty of Justices of the Supreme Court and 
Judges of the Circuit Courts to hie their decisions within sixty days from 
the last day of the Court at which the causes were heard. 

Section 18. The Court of General Sessions shall have jurisdiction in all 
criminal cases. It shall have appellate jurisdiction in all criminal cases 
within the jurisdiction of inferior Courts. It shall sit in each County in the 
State at least three times in each year, at such stated times and places as 
the General Assembly may direct. 

Section 19. The Court of Probate shall remain as now established in the 
County of Charleston. In all other Counties of the State the jurisdiction 
in all matters testamentary and of administration, in business appertaining 
to minors and the allotment of dower, in cases of idiocy and lunacy and 
persons non compotes mentis, shall be vested as the General Assembly may 
provide; and until such provision such jurisdiction shall remain in the 
Court of Probate as now established. 

Section 20. A sufficient number of Magistrates shall be appointed and 
commissioned by the Governor, by and with the advice and consent of the 
Senate, for each County, who shall hold their offices for the term of two 
years, and until their successors are appointed and qualified. Each Magis¬ 
trate shall have the power, under such regulations as may now or hereafter 
be provided by law, to appoint one or more Constables to execute writs and 
processes issued by him. The present Trial Justices are declared Magis¬ 
trates as herein created, and shall exercise the powers and duties of said 
office of Magistrate until their successors shall be appointed and qualified. 

Section 21. Magistrates shall have jurisdiction in such civil cases as the 
General Assembly may prescribe: Provided, Such jurisdiction shall not 
extend to cases where the value of property in controversy, or the amount 
claimed, exceeds one hundred dollars, or to cases where the title to real 
estate is in question, or to cases in chancery. They shall have jurisdiction 
in such criminal cases as the General Assembly may prescribe: Provided, 
Such jurisdiction shall not exteud to cases where the punishment exceeds a 
fine of one hundred dollars or imprisonment for thirty days. In criminal 
matters beyond their jurisdiction to try, they may sit as Examining Courts, 
and commit, discharge or recognize (except in capital cases) persons charged 
with such offenses, subject to such regulations as the General Assembly may 





330 


JOURNAL OF PROCEEDINGS 


provide. They shall also have the power to hind over to keep the peace and 
for good behavior for a term not to exceed twelve months. 

Section 22. All persons charged with an offense shall have the right to 
demand and obtain a trial by jury. The jury in cases, civil or criminal, in 
all Courts inferior to Circuit Courts shall consist of six. 

Section 28. Every civil action cognizable by Magistrates shall be brought 
before some Magistrate in the County where the defendant resides, and 
every criminal action in the County where the offense was committed. In 
all cases tried by them, the right of appeal shall be secured under such rules 
and regulations as may be provided by law. 

Section 24. All officers, other than those named in Section 9, provided for 
in this Article shall receive for their services such compensation as the 
General Assembly may from time to time by law direct. 

Section 25. Each of the Justices of the Supreme Court and Judges of the 
Circuit Court shall have the same power at Chambers to issue writs of 
habeas corpus and temporary writs or orders of injunction, mandamus, quo 
waranto, certiorari and prohibition as when in open Court. 

Section 26. Judges shall not charge jurors in respect to matters of fact, 
but shall declare the law. 

Section 27. There shall be elected in each County, by the electors thereof, 
one Clerk of the Court of Common Pleas, who shall hold his office for the 
term of four years, and until his successor shall be elected and qualified. 
He shall, by virtue of his office, be Clerk of all other Courts of record held 
therein, but the General Assembly may provide by law for the election of a 
Clerk, with a like term of office, for each or any other of the Courts of 
record, and may authorize the Judge of the Probate Court to perform the 
duties of Clerk for his Court, under such regulations as the General Assem¬ 
bly may direct. Clerks of Courts shall be removable for such cause and in 
such manner as shall be prescribed by law. 

Section 28. There shall be an Attorney General for the State, who shall 
perform such duties as may be prescribed by law, He shall be elected by 
the qualified electors of the State for the term of two years, and shall 
receive for his services such compensation as shall be fixed by law. 

Section 29. There shall be one Solicitor for each Circuit, who shall reside 
therein, to be elected by the qualified electors of the Circuit, who shall hold 
his office for the term of four years, and shall receive for his services such 
compensation as shall be fixed by law. In all cases where an attorney for 
the State of any Circuit fails to attend and prosecute according to law, the 
Court shall have power to appoint an attorney pro tempore. In the event 
of the establishment of County Courts the General Assembly may provide 
for one Solicitor for each County in the place and in stead of the Circuit 
Solicitor, and prescribe his powers, duties and compensation. 

Section 80. The qualified electors of each County shall elect a Sheriff and 
Coroner for the term of four years and until their successors are elected 
and qualified. They shall reside in their respective Counties during their 
continuance in office, and be disqualified for the office a second time if it 
should appear that they, or either of them, are in default for moneys col¬ 
lected by virtue of their respective offices. 

Section 81. All writs and processes shall run and all prosecutions shall be 
conducted in the name of the State of South Carolina. All writs shall be 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 331 


attested by the Clerk of the Court from which they shall be issued, and all 
indictments shall conclude “ against the peace and dignity of the State.” 

Section 32. The General Assembly shall provide by law for the speedy 
publication of the decisions of the Supreme Court made under this Consti¬ 
tution. 

Section 33. Circuit Courts and all Courts inferior thereto shall have the 
power, in their discretion, to impose sentence of labor upon highways, 
streets and other public works upon persons by them sentenced to im¬ 
prisonment. 

Section 34. All matters, civil and criminal, now pending within the juris¬ 
diction of any of the Courts of this State shall continue therein until dis¬ 
posed of according to law. 

Mr. DUDLEY, for the Committee on Engrossed Resolutions and 
Ordinances, to whom was referred an Article relating to Municipal 
Corporations and Police Regulations, reported that the same had 
been correctly engrossed and revised. 

Ordered to a third reading to-night. 

THIRD READING. 

Calendar No. 14 was read a third time and ordered to the Commit¬ 
tee on Order, Style and Revision. 

Calendar No. 18 was read a third time and ordered to the Commit¬ 
tee on Order, Style and Revision. 

Calendar No. 27 was taken up for consideration. 

Mr. GRAY proposed the following amendent to Section 1 : 

Provided, The provisions of this Section shall not apply to the offices of 
Librarian and Department Clerks or to either of such offices. Any woman 
a resident of the State two years, and who has attained the age of twenty- 
one years, shall be eligible. 

Which was agreed to. 

Calendar No. 27 was read a third time and ordered to the Commit¬ 
tee on Order, Style and Revision. 

Calendar No. 19 was taken up for consideration. 

Mr. PATTON proposed the following as a substitute for Section 8. 


Section 8. Cities and towns may exempt from taxation by general or 
special ordinance, except for school purposes, manufactories established 
within their limits for five successive years from the time of the establish¬ 
ment of such manufactories; Provided, That such ordinance shall first be 
ratified by a majority of such qualified voters of such city or town as shall 
vote at an election held for that purpose. 


Which was agreed to. 






332 


JOURNAL OF PROCEEDINGS, 


Calendar No. 19 was read a third time and ordered to the Commit¬ 
tee on Order, Style and Revision. 

Calendar No. 31. Mr. D. S. HENDERSON stated that this num¬ 
ber was incorporated in the report of the Committee in Article No. 9, 
and moved that No. 31 be stricken from the Calendar; which was 
agreed to. 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
the Convention adopted the substitute to Section 8. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 61; nays, 68. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Barry, Behre, Bellinger, Bobo, Bowen, 
Breazeale, Burn, Byrd, Carver, Clayton, Connor, Cooper, Douglass, 
Doyle, Efird, Ellerbe, W. D. Evans, Field, Fitch, Floyd, Gary, J. P. 
Glenn, Gunter, Hamel, Harris, Henry, Houser, Irby, T. E. Johnson, 
George Johnstone, Keitt, Lowman, McCalla, McCown, McKagen, 
Me White, Moore, Morrison, Nicholson, Otts, Parrott, Peake, Red- 
fearn, I. R. Reed, Rosborough, Rowland, Russell, Sligh, Smalls, A. 
J. Smith, Smoak, Stackhouse, Stribling, Sullivan, Waters, Wharton, 
Wiggins, Stanyarne Wilson, Winkler, and Woodward.—61. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Austin, Barker, Barton, Berry, Bowman, 
J. S. Brice, Bryan, Cantey, Cunningham, DeHay, Dennis, Dudley, 
Farrow, Fraser, Gage, Gamble, Garris, Gilland, J. L. Glenn, Good¬ 
ing, Graham, Gray, Harrison, Hay, Haynsworth, D. S. Henderson, 
Wm. Henderson, Hiers, Howell, Hutson, Jervey, Wilie Jones, E. J. 
Kennedy, J. W. Kennedy, Klugh, Lee, McCaslan, McDermotte, 
McGowan, Matthews, Meares, Mitchell, J. D. Montgomery, W. J. 
Montgomery, Nash, Patterson, Patton, Perritte, Prince, Ragsdale, 
J. H. Read, Rogers, Sheppard, Sloan, Jeremiah Smith, R. F. Smith, 
Stokes, Talbert, Taylor, B. R. Tillman, G. D. Tillman, Timmerman, 
VonKolnitz, Wells, A. H. White, S. E. White, and Wigg.—68. 

UNFINISHED BUSINESS. 

Mr. SLIGH moved that Section 29, Calendar No. 10, be continued 
until after the recess; which was agreed to. 

Calendar No. 10, Section 35. Mr. SLOAN moved to strike out the 
Section. 

After debate by Messrs Rogers, Burn, Garris, Sheppard, Aldrich, 
and Farrow, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 333 


Mr. BARKER offered the following substitute for No. 35 : 

Strike out Section 35 and insert the following: That marriage contracted 
after the adoption of this Constitution shall not entitle any woman so mar¬ 
ried to dower in lands which may he voluntarily aliened or mortgaged by 
her husband during coverture. 

Mr. SLIGH moved to amend Section 35 as follows : 

Amend Section 35 of Article on Legislative Department as follows: 
Strike out the word “ that” at the beginning of line 1 and substitute the 
word “ is ” for the words “ be and the same is hereby also add the words 
“ in this State ” at end of Section, so that the Section shall read as follows: 
“The right of dower in any and all lands aliened by the husband during the 
coverture is abolished in this State.” 

The pending question being motion of Mr. Sloan to strike out 
Section 35, 

On motion of Mr. BELLINGER, the Convention adjourned at 11 P. 
M. until 10 A. M. to-morrow. 


TWENTY-SECOND DAY, 


Friday, October 4, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

Owing to the illness of the President, Vice President TALBERT 
took the chair. 

A quorum being present, the proceedings were opened with prayer 
by the Rev. Mr. Parrott, 

The Journal of yesterday’s proceedings was read and confirmed. 

The VICE PRESIDENT called for memorials, resolutions and 
such like papers. 

Mr. EFIRD, by request, submitted a memorial from the women of 
Lexington, urging this Convention to adopt a Section allowing the 
right of suffrage to the women of the State; which was received as 
information, and ordered not printed. 






334 


JOURNAL OF PROCEEDINGS; 


Mr. BERRY submitted the following, which was received as inform¬ 
ation and ordered printed in the Journal : 


MEMORIAL FROM CONGRESS OF ROAD SUPERVISORS. 


To the Constitutional Convention of Sou th Carolina. 

Gentlemen : I am directed by the Convention of County Supervisors of 
the State, now in session in Columbia, to notify your body that we have 
carefully considered the ordinance now pending before your body, intro¬ 
duced by Mr. D. S. Henderson of Aiken, entitled “an ordinance to author¬ 
ize the issue of State bonds to enable the Counties of the State to do busi¬ 
ness on a cash basis,” and in our unanimous judgment the same ought to 
be passed by your honorable body. 

The evil which the ordinance seeks to remedy is a terrible one, and the 
remedy proposed by Mr. Henderson we think meets the case, and we there¬ 
fore most earnestly and respectfully memorialize your body to pass it. 

Respectfully, 


J. B. T. SCOTT, 
President Road Congress. 


RESOLUTIONS. 

Mr. EFIRD offered the following and asked its immediate consider¬ 
ation, which was agreed to, and the resolution adopted and ordered to 
be audited by the Comptroller General, and if found to be correct to 
be paid : 


RESOLUTION AUTHORIZING THE COMPTROLLER GENERAL TO 
AUDIT AND DRAW HIS WARRANT FOR THE ACCOUNT OF 
CHARLES A. CALVO, Jr. 

Be it resolved by the Constitutional Convention of South Carolina, That 
the attached account of Charles A. Calvo, Jr., for $357.15, for printing for 
the Convention, together with the vouchers, be referred to the Comptroller 
General with instructions to audit the same, and draw his warrant in favor 
of Charles A. Calvo, Jr., for such amount as may be due under the rules of 
this Convention and the laws of the State. 


THE STATE OF SOUTH CAROLINA, 

To Charles A. Calvo, Jr., JDr. 

1895. 

Oct. 4. To printing 200 copies Convention Calendar, September 

27, 28, 30, October 1, 2, 3—24 pp. @ $1.07. $ 25 68 

To printing 200 copies Convention Journal, September 26, 

27, 28, 30, October 1, 2—501 L. P. pp. @ $1.07....$54.03 
33£ Brev. pp.=47 L. P. $1.07. 50.29 


104 32 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 335 


To printing 200 copies Calendar Nos. 25, 26, 27, 28, 29, 30, 

31, 32, 34, 37, 38, 39, 40, 41, and Art. IV, 2 printings, 

Executive Department, 70 pp. @ $1.87. 130 90 

To printing 500 copies Permanent Journal, sigs. 14 to 18, 

inclusive—38f L. P. pp. @ $1.00.$38.25 

41£ Brev. pp.=58 L. P. @ $1.00. 58.00 96 25 


$357 15 

STATE OF SOUTH CAROLINA, > 

Richland County. j 

Personally appeared before me Charles A. Calvo, Jr., who, being duly 
sworn, deposes and says that the above is a just and true account against 
the State of South Carolina, in accordance with the terms of Chapter III of 
the Revised Statutes of 1893, no part of which has been paid by discount or 
otherwise. 

CHARLES A. CALVO, Jr. 


Sworn to before me this 4th day of October, 1895. 
GEO. H. HUGGINS, [l. s.] 

Notary Public, S. C. 


Mr. BELLINGER offered the following and asked its immediate 
consideration. 


.Resolved, That the Secretary, the Sergeant-at-Arms and the Reading- 
Clerk of this Convention be allowed the same compensation as is paid the 
Clerk, Sergeant-at-Arms and the Reading Clerk of the House of Represent¬ 
atives of this State. 

Ten members objected and the resolution wa.j ordered to lie over 
for consideration to-morrow. 

Mr. ELLERBE offered the following, which was read the first time 
and ordered for consideration to-morrow : 

Besolved, That with a view to' save the necessity and expense of holding 
the approaching session of the General Assembly it be referred to Commit¬ 
tees on Finance and Taxation and on the Legislative Department to frame 
and present for the consideration of this Convention an ordinance provid¬ 
ing for such tax levies and appropriations as may be necessary to carry on 
the State and County government until the first session of the General As¬ 
sembly to be held as provided for under this Constitution. 

REPORTS OF STANDING COMMITTEES. 


Mr. ERASER, from the Committee on Order, Style and Revision, 
submitted the following, which was received as information : 

REPORT OF COMMITTEE ON STYLE, ORDER AND REVISION. 

The Committee on Order, Style and Revision, to whom was referred an 
“ ordinance to establish a new judicial and election County from a portion 







336 


JOURNAL OF PROCEEDINGS, 


of the territory of Edgefield County, to be called Saluda,” which had passed 
its third reading, respectfully report that the same has been duly enrolled, 
and they present the same for ratification by this Convention. 

All of which is respectfully submitted. 

T. B. FRASER, Chairman, 

For Committee. 


GENERAL ORDERS. 

Mr. PATTON moved to take up Calendar No. 33 out of its regular 
order ; which was agreed to. 

Calendar No. 33, resolution in reference to Cuba. 

Mr. PATTON offered the following amendment to the resolution : 

j Resolved, That we, the delegates of the people of South Carolina, assem¬ 
bled in Convention for the purpose of framing a Constitution for a free 
and independent people, extend our hearty sympathy to the Cuban patriots 
now struggling for the same precious right. 

Resolved, 2d, That we call upon the Federal Government to recognize the 
Cubans as belligerents so soon as the rules of international law shall 
permit. 

Which was agreed to. 

Calendar No. 33 as amended was then adopted. 

UNFINISHED BUSINESS. 

Calendar No. 10, report of Legislative Committee. 

Mr. SLIGH moved to pass over Section 35. 

Mr. PRINCE moved to lay this motion on the table ; which was 
agreed to. 

The Convention resumed the consideration of Section 35, the 
question being the motion of Mr. Sloan to strike out the Section. 

After debate by Messrs. Ragsdale, Hutson, Jeremiah Smith and 
Rogers, 

The question being put: “ Will the Convention agree thereto ?” it 
was' decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 82 ; nays, 18. 

Those w r ho voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Austin, Barker, Bellinger, Bow¬ 
man, J. S. Brice, Burn, Byrd, Cantey, Carver, Connor, Cunningham, 
DeHay, Dennis, Dent, Douglass, Dudley, Efird, W. D. Evans, Far¬ 
row, Field, Floyd, Fraser, Gage, Gamble, J. L. Glenn, J. P. Glenn, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 337 


Gray, Hamel, Harrison, Hay, Wm. Henderson, Hiers, Hodges, Houser, 
Irby, Jervey, T. E. Johnson, George Johnstone, E. J. Kennedy, J. W. 
Kennedy, Klugh, Lowman, Lybrand, McCalla, McCaslan, McCown, 
McDermotte, McGowan, McKagen, McMakin, McWhite, Matthews, 
Meares, Mitchell, Morrison, Nash, Nicholson, Otts, Patterson, Patton, 
Peake, Ragsdale, J. H. Rtead, Redfearn, Rosborough, Shuler, Sloan, 
A. J. Smith, Jeremiah Smith, Smoak, Stokes, Talbert, Taylor, B. R. 
Tillman, Wells, A. H. White, Wigg, Wiggins, Stanyarne Wilson, 
Winkler, and Woodward.—83. 

Those who voted in the negative are : 

Nays—Messrs. Berry, Breazeale, Clayton, Ellerbe, Gilland, Good¬ 
ing, Graham, Harris, D. S. Henderson, Hutson, W. J. Montgomery, 
Prince, Rogers, Russell, Sheppard, G. D. Tillman, Timmerman, and 
S. E. White.—18. 

Mr. BOWMAN moved to reconsider the vote whereby the Conven¬ 
tion agreed to strike out Section 35, and to lay that motion on the 
table ; which was agreed to. 

On motion of Mr. SLIGH, the Convention, at 11:45 A. M., ad¬ 
journed until 12 M. October 15, 1895. 


TWENTY-THIRD DAY. 


Tuesday, October 1 5, 1 895. 


The Convention assembled at 12 M. 

The Secretary called the roll. 

The President being absent, Vice President TALBERT took the 
Chair. 

A quorum being present, the proceedings were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 
22-500 






338 


JOURNAL OF PROCEEDINGS ! 


LEAVES OF ABSENCE. 

Mr. IRA B. JONES asked and obtained leave of absence for Mr. 
Hamel until Monday. 

Mr. DOYLE, for Dr. R. F. Smitli, indefinite leave, on account of 
sickness. 

Mr. McCOWN, for Mr. Clayton, indefinite leave, on account of 
sickness. 

Mr. ROGERS, for Mr. Hodges, indefinite leave, on account of 
sickness. 

Mr. McMAHAN asked that it be entered on the record that his 
absence during the last week of the Convention before the recess was 
due to sickness. 

Mr. J. W. KENNEDY asked and obtained indefinite leave for Mr. 
Cantey on account of sickness in his family. * 

Mr. McCOWN offered the following resolutions, which were con¬ 
sidered immediately and agreed to : 

Whereas, it has pleased the All-wise Ruler and President of the Con¬ 
vention Omnipotent to remove from our midst our Mend and co-laborer 
in the work in this Convention, Dr. James O. Byrd, delegate from Florence 
County. And recognizing and appreciating his indomitable energy, ster¬ 
ling worth and earnest labor in the effort to secure magnificent results—a 
good Constitution, therefore : 

Be it resolved , 1st. That in the death of Dr. James 0. Byrd, who departed 
this life suddenly on the afternoon of the 13th inst., at his home, in Tim- 
monsville, S. C., this Convention has sustained a serious loss, and the State 
is deprived of a valuable citizen, an able legislator. 

2nd. That, we his friends, while submissively bowing to the will of Him 
who doeth all things well, will cherish his memory, mourn his departure— 
our loss, and sympathize with his bereaved family. 

3rd. That a page of the proceedings of this Convention be dedicated to 
his memory. 

4th. That a copy of the foregoing preamble and resolutions be suitably 
engrossed, under the supervision of the Clerk of this Convention, and 
turned over to the delegation from Florence County, to be by them trans¬ 
mitted to his wife and family. 

As a further mark of respect in honor to his memory, I move that this 
Convention do now adjourn, and that an hour be set aside on Thursday 
next, at 11 o’clock A. M., for the consideration of the above resolution. 

At 12:30 P. M. the Convention adjourned until 10 A. M. to-mor¬ 
row. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 339 


TWENTY-FOURTH DAY. 


Wednesday, October 16, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the proceedings were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 
LEAVES OF ABSENCE 

were granted the following : Mr. Graham, indefinite on account of 
sickness ; Mr. Bradham, for one day. 

Mr. Me WHITE offered the following, which was read the first time 
and ordered placed on the Calendar without printing or reference : 

Whereas a vacancy has occurred in the delegation to this Convention 
from the County of Florence occasioned by the death of the Hon. J. 0. 
Byrd, which under the law must be filled by an election to be ordered by 
the Secretary of State; and whereas it is not deemed necessary to inflict 
upon the people of said County the expense incident to an election to fill 
said vacancy. Therefore, 

Be it resolved , That the Secretary of State is hereby authorized to with¬ 
hold a writ of election to fill the vacancy. 

UNFINISHED BUSINESS. 

The Convention resumed the consideration of Calendar No. 10, re¬ 
port of the Legislative Committee. 

Section 36. Mr. STANYARNE WILSON offered the following- 
amendment : 

Amend Section 36, subdivision 4, by adding at end of same “not under 
the control of the State,” 

Which was agreed to. 





340 


JOURNAL OF PROCEEDINGS, 


Mr. GAGE offered the following, which was agreed to : 

Amend Section 36 by adding as subdivision 12 as follows, to wit: “12. 
The General Assembly shall forthwith enact general laws concerning said 
subjeets and for said purposes, which shall be uniform in their operation.” 

Mr. RAGSDALE offered the following, which was agreed to : 

“Provided, That nothing contained in this Section shall prohibit the 
General Assembly from enacting special provisions in general laws.” 

Mr. VON KOLNITZ offered the following, to be added to end 
of subdivision 4 : “Provided, Existing charters may be amended or 
altered.” 

Mr. SHEPPARD offered the following as a substitute, which was 
adopted : Add to subdivision 4, “ or amend or extend the charters 
thereof.” 

Mr. BATES moved to strike out subdivisions 3, 4 and 5, Section 36. 
The question being put, the Convention refused to strike out the 
subdivisions. 

Mr. MEARES moved to strike out subdivision 3, lines 6 and 7, 
printed Bill. 

The question being put, the Convention refused to strike out. 

Mr. KLLTGH moved to strike out lines 1, 2 and 3 of Section 36 
and insert the following : 

The General Assembly shall, as soon as practicable after the adoption of 
this Constitution, enact general laws, which shall be applicable in the 
several cases embraced in this Section, to wit. 

The question being put, the Convention refused to adopt the amend¬ 
ment. 

Mr. VON KOLNITZ moved to add the following as subdivision 
13, which was agreed to : 

The provisions of this Section shall not apply to charitable and educa¬ 
tional corporations, where, under the terms of a gift, devise or will, special 
incorporation may be required. 

Mr. JOHNSTONE offered the following, which, on motion of Mr. 
SHEPPARD, was indefinitely postponed : 

Subdivision 14. Nothing herein contained shall prohibit the General As¬ 
sembly from incorporating by special enactment corporations of a charac¬ 
ter other than those herein named. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 341 


Section 36 as amended was then adopted. 

Mr. SLIGIl moved to strike out Section 37. 

After debate by Messrs. Sligh, Timmerman, Talbert, Prince, 
Ilaynsworth, J. L. Glenn, B. R. Tillman, Burn, Gage and Hemphill, 
the question being put, it was decided in the affirmative by a rising 
vote—yeas, 72 ; nays, 42. 

Mr. B. R. TILLMAN offered the following as Section — : 

Section —. The General Assembly shall submit to the qualified electors 
in the year 1916, and every twentieth year thereafter, the question of call¬ 
ing a Constitutional' Convention; and if a majority of the electors shall 
vote in favor thereof, then at its next session the General Assembly shall 
order an election for delegates to said Constitutional Convention. 

After debate by Messrs. B. R. Tillman, Sheppard and Perritte, the 
question being put, it was decided in the negative by a rising vote— 
yeas, 47 ; nays, 65. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote whereby 
the amendment to Section 33 was adopted ; which was agreed to. 

Mr. GEORGE JOHNSTONE then moved the following as a sub¬ 
stitute for the amendment, which was agreed to : Add to the end of 
the Section ‘ f Nor grant pensions except for military and naval 
service, nor retire any officer on pay or part pay.” 

Mr. SLIGH moved to make Section 29 a special order for 10 
o’clock to-morrow ; which was agreed to. 

Mr. W. D. EVANS moved to reconsider Section 34, which had 
been adopted as amended ; which was agreed to. 

Mr. W. D. EVANS then moved to add the following to the 
Section : 

“ Provided , That this Section shall not be so construed as to disqualify 
for marriage with white persons any person, or his or her issue, who shall 
have had at or before the adoption of this Constitution the status of white 
persons. 

After debate by Messrs. G. D. Tillman and Sheppard, 

Mr. ERASER offered the following as a substitute for the amend¬ 
ment proposed by Mr. W. D. Evans : 

Add at the close of Section 34: Provided, That the status of no person 
who has heretofore been recognized as legally white shall be in any way 
affected by the provisions of this Section. 

Mr. SHEPPARD moved to recommit the whole Section 34 with 
the proposed amendments to the Committee on Legislative Depart¬ 
ment. 



342 


JOURNAL OF PROCEEDINGS, 


After debate by Messrs. Sheppard and George Johnstone, 

Mr. GEORGE JOHNSTONE moved to lay upon the table the 
motion to recommit. 

The question being put, the Convention refused to lay the motion 
on the table. 

The question being put on Mr. Sheppard's motion to recommit, 
it was agreed to. 


GENERAL ORDERS. 

Calendar No. 12, report of Committee on Finance and Taxation, 
on motion of Mr. W. D. EVANS, was passed over. 

On motion of Mr. STANYARNE WILSON, No. 16, report of the 
Committee on Legislative Department as to resolutions to be incor¬ 
porated in Article 2 of the Constitution, was laid on the table. 

Calendar No. 19, report of the Committee on Charitable and Penal 
Institutions. 

Section 1 was adopted as reported by the Committee. 

Mr. GOODING moved to amend Section 2 as follows : Line 1, 
strike out “ Superintendent ” and insert “ Regents;” which was 
agreed to. Also, same line, after the word “insane” insert the words 
“and the Superintendent thereof;” which was agreed to. Also, 
same Section, line 2, strike out the words “and the Regents thereof ;” 
which was agreed to. 

Mr. EFIRD moved to amend same Section, line 3, by striking out 
all after “Senate” down to and including the word “Journal” on 
line 5 ; which was agreed to. 

The Section as amended was adopted. 

Section 3 was adopted as reported by the Committee. 

Section 4. Mr. B. R. TILLMAN moved to amend as follows : Line 
1, strike out “other” and insert the word “penal;” which was 
agreed to. 

The Section as amended was adopted. 

Section 5. Mr. GOODING moved to amend line 1 by adding after 
“ Directors” the words “ and Superintendent;” which was agreed to. 

The Section as amended was adopted. 

Section 6 was adopted as reported by the Committee. 

Section 7 was passed over until 8 P. M, this day. 

Section 8 was adopted as reported by the Committee. 

Section 9 was passed over until 8 P. M. this day. 

Calendar No. 20, an ordinance to abolish the fee system, on mo¬ 
tion of Mr. EFIRD, was laid on the table. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 343 


Calendar No. 21, a petition from the Women’s Christian Temperance 
Union relating to the age of consent, on motion of Mr. STANYARNE 
WILSON, was laid on the table. 

Calendar No. 23 was passed oyer. 

Calendar No 24, an ordinance relating to the concurrence of the 
whole jury, on motion of Mr. STANYARNE WILSON, was laid on 
the table. 

Calendar No. 25, an ordinance to provide for a Department of 
Roads and Forestry, was, on motion of Mr. McMAHAN, passed over 
for the present. 

At 2 P. M., on motion of Mr. McCOWN, the Convention receded 
from business until 8 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 8 P. M. 

The PRESIDENT submitted the following communication, which 
was ordered printed in the Journal, and to be taken up in connection 
with the report of the Suffrage Committee : 

To the Hon. John Gary Evans, President Convention, 

Hall Eepresentatives, Columbia, S. C. 

Dear Sir : I ask in the name of the Equal Rights Association, of which I 
am a member, that the women of South Carolina he given the right to vote 
with an educational qualification. 

Yours truly, 

Mrs. ROSELLA A. WAUR, 

President Frogmore Equal Eights Association, 

St. Helena Island, S. C. 

Also the following, which was received as information : 

Richmond, Ky., October 8, 1895. 

Governor Evans. 

My Dear Sir : The Judges of the Supreme Court of the United States 
have affirmed in their combined Virginia mines and Yarbrough decisions 
that women and black men were guaranteed the protection of Congress 
against State denial of “the right of citizens of the United States to vote” 
for members of Congress by the Fourteenth Amendment of our National 
Constitution when it said: “No State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of the United States.” 
And I am exceedingly anxious that our Southern Democrats should not allow 
the Northern Republicans to go ahead of them in enfranchising women, so I 
send you and some other members of your State Convention copies of the 





344 


JOURNAL OF PROCEEDINGS, 


enclosed printed letter, in the hope that you will get the Convention to 
protect white and hlack women equally with white and black men in that 
right to vote for members of Congress which women and black men exer¬ 
cised for eighteen years in the State of New Jersey, when the men who 
wrote the original Constitution of the United States were still living. 

Most respectfully yours, 

Mrs. JAMES BENNETT. 

Indefinite leave of absence was granted to Messrs. Gamble and 
Atkinson on account of sickness. 

The Convention resumed the consideration of No. 19, report of the 
Committee on Charitable and Penal Institutions. 

Mr. GOODING moved to strike out Section 7 and insert the fol¬ 
lowing in lieu thereof; which was agreed to : 

The Governor, with four citizens of this State, to be appointed by the 
Governor, shall constitute a State Board of Charities and Corrections, of 
which the Governor shall be ex officio Chairman. They shall appoint a 
Secretary, whose compensation shall be fixed by law at the next session of 
the General Assembly after the adoption of this Constitution. It shall be 
the duty of the Secretary to visit and inspect all the public and private 
charitable and penal institutions of the State, including County and muni¬ 
cipal almshouses, jails and prisons, and report to the Board, who shall 
report annually to the General Assembly the state and condition of the 
several institutions fully and particularly. Said Board shall be advisory 
only, and shall not possess executive authority. 

The substitute was adopted as Section 7. 

Section 9. Mr. GOODING moved to amend line 2, after the word 
“aforesaid,” by inserting the words “ except where otherwise pro¬ 
vided for, with the power of removalwhich was agreed to. 

Section 9 as amended was adopted. 

Section 10. Mr. BELLINGER, by request of the Committee on Juris¬ 
prudence, moved to amend Article on Charitable and Penal Institu¬ 
tions by inserting as Section 10 the following : 

Section 10. The Penitentiary and the convicts thereto sentenced 
shall forever be under the supervision and control of officers employed 
by the State; and in case any convicts are hired or farmed out, as 
may be provided by law, their maintenance, support, medical at¬ 
tendance and discipline shall be under the direction of officers de¬ 
tailed for those duties by the authorities of the Penitentiary. 

Which was agreed to. 

The report of the Committee as amended was read the second time 
and ordered to a third reading to-morrow. 

Calendar No. 25, on motion of Mr. McMAHAN, was passed over. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 345 


Mr. OTTS moved that Calendar No. 26, report of a part of the 
Committee on Cpunty and County Government, Mr. Otts for Com¬ 
mittee; also No. 28, report of a part of the Committee on Counties 
and County Government, Mr. Harrison; also No. 29, report of Com¬ 
mittee on Counties and County Government, Mr. Austin for Commit¬ 
tee, be made special orders for Monday next at 10 A. M., and from 
day to day until disposed of. 

No. 30, on motion of Mr. BELLINGER, was passed over. 

Mr. OTTS moved that No. 32 be passed over; which was agreed to. 

Calendar No. 34, proposed Article 1 of the Constitution, being 
the Declaration of Rights. 

Mr. RAGSDALE moved to amend as follows : Section 1, line 3, 
strike out the words “in such manner as they may deem expedient •” 
which was agreed to. 

Section 1 as amended was adopted. 

Mr. McMAHAN moved to strike out Section 2. 

The question being put, the Convention refused to strike out. 

Section 2 was adopted as reported by the Committee. 

Section 3. Mr. B. R. TILLMAN moved to amend line 1 by insert¬ 
ing after “representation” the words “in the House of Representa¬ 
tives ;” which was agreed to. 

The Section as amended was adopted. 

Sections 4, 5, 6, 7, 8 and 9 were adopted as reported by the Com¬ 
mittee. 

Section 10,. on motion of Mr. BELLINGER, was stricken out. 

Section 11 was adopted as reported by the Committee. 

Mr. B. R. TILLMAN moved to strike out Section 12. 

After debate by Messrs. George Johnstone, Sheppard and W. B. 
Wilson, the question being put, “ Will the Convention agree thereto ?” 
it was decided in the negative. 

The yeas and nays were demanded, and are as follows : 

Yeas, 58 ; nays, 59. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, Alex¬ 
ander, Ashe, Austin, Barry, Barton, Bates, Behre, Bellinger, Bowen, 
Buist, Carver, Connor, Cunningham, Efird, Estridge, W. D. Evans, 
Field, Gage, Gary, Gilland, J. P. Glenn, Gooding, Gunter, Haynsworth, 
Wilie Jones, J. W. Kennedy, Lowman, Lybrand, McCalla, McMahan, 
McMakin, McWhite, J. D. Montgomery, Moore, Morrison, Nichol¬ 
son, Parrott, Patterson, Redfearn, Rosborough, Rowland, Shuler, 
Singletary, Sligh, Smoak, Stokes, Talbert, Taylor, B. R. Tillman, 
Waters, Watson, Wells, S. E. White, Stanyarne Wilson, W. B. Wil¬ 
son, and Woodward.—58. 



346 


JOURNAL OF PROCEEDINGS, 


Those who voted in the negative are : 

Nays—Messrs. Anderson, Barker, Bobo, Bowman,, Breazeale, J. S. 
Brice, T. W. Brice, Bryan, Burn, Douglass, Doyle, Dudley, Ellerbe, 
Farrow, Fitch, Fraser, J. L. Glenn, Gray, Hay, Hemphill, Henry, 
Howell, Hutson, Irby, T. E. Johnson, George Johnstone, Ira B. Jones, 
Keitt, E. J. Kennedy, Klugh, Lee, McCown, McGowan, McKagen, 
Matthews, Meares, Mitchell, W. J. Montgomery, Mower, Nathans, 
Otts, Peake, Perritte, Prince, Ragsdale, J. IP. Read, Rogers, Shep¬ 
pard, Sloan, Smalls, A. J. Smith, Stribling, G. D. Tillman, Timmer¬ 
man, VonKolnitz, Wharton, Whipper, A. H. White, and Wigg.—59. 

Mr. W. B. WILSON moved to amend line 1 by striking out the 
words “and open.” 

Mr. SHEPPARD moved to lay the amendment on the table. 

The question being put, “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were demanded, and are as follows : 

Yeas, 60 ; nays, 58. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Anderson, Barker, Bates, Bobo, Bowman, 
J. S. Brice, T. W. Brice, Bryan, Burn, Doyle, Dudley, Ellerbe, Far¬ 
row, Fitch, Fraser, Gilland, J. L. Glenn, Gray, Hay, Hemphill, 
Henry, Howell, Hutson, Irby, T. E. Johnson, George Johnstone, Ira 
B. Jones, Wilie Jones, Keitt, Klugh, E. J. Kennedy, Lee, McCown, 
McGowan, Meares, Mitchell, W. J. Montgomery, Mower, Nathans, 
Nicholson, Otts, Parler, Peake, Perritte, Prince, Ragsdale, J. IP. Read, 
Rogers, Sheppard, Sloan, Smalls, A. J. Smith, Stribling, G. D. 
Tillman, Timmerman, Wells, Wharton, A. H. White, and Wigg.—60. 

Those who voted in the negative are : 

Nays—IPon John Gary Evans, President, and Messrs. Alexander, 
Ashe, Austin, Barry, Barton, Behre, Bellinger, Bowen, Breazeale, 
Buist, Carver, Connor, Cunningham, Douglass, Efird, Estridge, W. 
D. Evans, Field, Gage, Gary, J. P. Glenn, Gooding, Gunter, Houser, 
J. W. Kennedy, Plowman, Lybrand, McCalla, McKagen, McMahan, 
McMakin, McWhite, Matthews, J. D. Montgomery, Moore, Morrison, 
Parrott, Patterson, Redfearn, Rosborough, Rowland, Shuler, Single¬ 
tary, Sligh, W. C. Smith, Smoak, Stokes, Talbert, Taylor, B. R. 
Tillman, Waters, Watson, Whipper, S. E. White, Stanyarne Wilson, 
W. B. Wilson, and Woodward.—58. 

On motion of Mr. B. R. TILLMAN, debate on Sections 12 and 13 
was adjourned for the present, the Sections to be considered in con¬ 
nection with the report of the Committee on Suffrage, 

Sections 14 and 15 were adopted as reported by the Committee. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 347 


Section 16. Mr. MOWER moved to amend by striking out all of 
the Section after “ other,” on line 4 ; which was agreed to. 

The Section as amended was adopted. 

Section 17, on motion of Mr. BELLINGER, was stricken out. 

Sections 18 and 19 were adopted as reported by the Committee. 

Section 20. Mr. STANYARNE WILSON offered the following 
amendment : Strike out “ Where the punishment exceeds a fine of 
one hundred dollars or imprisonment for thirty days,” and insert in 
lieu thereof “ before the Court of General Sessions.” 

Mr. HUTSON moved that debate be adjourned for the present, 
and the Section and the proposed amendment be taken up in connec¬ 
tion with the report of the Committee on Judicial Department; 
which was agreed to. 

Section 21. Mr. BELLINGER moved to amend as follows : By 
striking out the words of the County where the crime shall have 
been committed ;” which was agreed to. 

The Section as amended was adopted. 

Section 22. Mr. MOWER asked that Section 22 be passed over ; 
which was agreed to. 

Sections 23, 24, 25 and 26 were adopted as reported by the Com¬ 
mittee. 

Section 27. Mr. SHEPPARD moved to strike out all of the Sec¬ 
tion after the word “ fraud ;” which was agreed to. 

The Section as amended was adopted. 

Sections 28, 29 and 30 were adopted as reported by the Committee. 

Section 31, on motion of Mr. RAGSDALE, was stricken out. 

Sections 32 and 33 were adopted as reported by the Committee. 

Mr. B. R. TILLMAN moved that Calendar No. 37, report of the 
Committee on Suffrage, be made the special order for Tuesday next 
at 12 M., and so continued from day to day until disposed of. 

On motion of Mr. MOWER, the Convention, at 10:30 P. M., 
adjourned until 10 A. M. to-morrow. 



348 


JOURNAL OF PROCEEDINGS, 


TWENTY-FIFTH DAY. 


Thursday, October 1 7, 1 895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the proceedings were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave of absence was granted Messrs. Winkler, Wiggins 
and Russell on account of sickness. 

Mr. MITCHELL moved that No. 39, minority report of Com¬ 
mittee on Education, Mr. E. J. Kennedy ; No. 40, minority report of 
Committee on Education, Messrs. Watson & Houser; No. 41, report 
of the Committee on Education, Mr. Mitchell for Committee, be made 
special orders for Wednesday next at 12 M., and so continued from 
day to day until disposed of ; which was agreed to. 


UNFINISHED BUSINESS. 

Calendar No. 10, report of Committee on Legislative Department. 

Section 29, the question being the motion of Mr. Howell to strike 
out lines 20, 21 and 22 of the printed Bill. 

After debate by Messrs. Sligh and Howell, 

At 11 A. M., the hour fixed by the Convention for the considera¬ 
tion of the resolutions in reference to the death of the Hon. J. 0. 
Byrd, 

Mr. McCOWN moved that the Convention do now proceed to con¬ 
sider the same ; which was agreed to. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 349 


Mr. McWHITE addressed the Convention as follows : 

It is with great reluctance that I will attempt to speak to the Convention. 
My acquaintance with Dr. Byrd only dates from 1889. From that time we 
have often been associated in matters pertaining to County, State and 
local affairs; from 1892 to 1893 he was my colleague in the Legislature of 
this State. Dr. Byrd was a man of decided convictions and left evidence 
of his convictions, always taking a great interest in all matters pertaining 
to either neighborhood, County or State. A man of commanding appear¬ 
ance, the picture of health, and when, upon arrival at Florence on the 14th 
inst., and before leaving my buggy, I was shocked to learn of the sudden 
death of my friend and colleague, Dr. J. 0. Byrd. Yes, it was true; the 
reaper Death had claimed him as its victim, and the once manly form, 
patriot and gentleman, lay cold in the icy arms of death, taken away so 
sudden, so unexpected. Oh, what an evidence of the truth that in the 
midst of life we are in death. A pleasant and lovely home made desolate, 
a loving companion’s heart made to bleed in anguish at the loss of one so 
kind, noble and affectionate. Affectionate children mourn the death of an 
affectionate and indulgent father. He was very popular among his people 
as a physician and politician. An open, free heart, never turning the poor 
aside. Hospitable and entertaining, Dr. Byrd was a man of the people, 
and no one will be more missed than he. 

I cannot say more. I leave for others more qualified and better 
acquainted with him to give a more full and detailed history of his noble 
life. 

Mr. TIMMERMAN addressed the Convention as follows : 

Mr. President : I had not anticipated saying a word on this solemn 
occasion, but it has just been suggested to me that I say something. And 
remembering the relations in which I have known and been associated with 
Dr. James O. Byrd, I feel prompted to add my humble testimonies to his 
worth. I have been associated with him as a member of the House of Rep¬ 
resentatives, in political conventions, in the State Medical Association, and 
as a member of the Senate, over which I have the honor to preside. As has 
been clearly said, he was a manly man, of prepossessing personal appear¬ 
ance, firm, bold, outspoken in his political convictions. I feel an attach¬ 
ment to him because we were members of that noble and humane profes¬ 
sion to which I have devoted the best energies and best thoughts of my life 
for the relief of suffering humanity. He has had the honor of representing 
Darlington County in the House of Representatives, of which he was form¬ 
erly a citizen—latterly of Florence County in the Senate, and he wore his 
honors worthily and well. And I am glad to add my humble testimonial to 
his distinguished name. By his sudden death we are reminded of that 
solemn warning: “ Be ye also ready; at such an hour as ye think not, the 
Son of man cometh.” 

Mr. BURN addressed the Convention as follows : 

Mr. President and Gentlemen of the Convention : It is proper that 
I, living in an adjoining County to that of Dr. J. 0. Byrd, should indulge 
the tribute of a tear to his memory. We all stand appalled in the presence 




350 


JOURNAL OF PROCEEDINGS, 


of death. That vacant chair, draped in mourning, is a reminder that for 
each of us there will he a vacant chair. I knew something of his father in 
relation to the political affairs of Darlington County in the past. I did not 
enjoy the pleasure of knowing Dr. Byrd intimately, hut I have met him 
quite a number of times. Where was he ? On what mission was he en¬ 
gaged ? He was always at the gatherings of the people. It was in their 
work, in their employ, that his sympathies and his labors were eulisted. 
The good that he has done will live after him. And now that in the prime 
of his manhood he has left us and entered “ that bourne whence no traveler 
returns,” it is only fitting that we should cherish his memory and honor a 
life devoted to the cause of the people. Having lived to such high and 
noble purpose, having been faithful to such great and eternal principles, 
we, while bowed in grief at his departure, can hope and trust for him a 
reward fitting the life that he lived and the principles that guided his con¬ 
duct. 


Mr. McCOWN addressed the Convention as follows : 

Mr. President : I shall not attempt to eulogize my colleague, comrade 
and friend, the late Dr. James 0. Byrd, and in paying this my last tribute 
of respect to one I truly loved and esteemed my friend, I desire to avoid 
the least semblance of indirect flattery. 

Besides, Mr. President, I feel on this occasion, when his body scarcely 
lies cold in his grave to which this sad and sudden death has assigned him,— 
when heads are bowed in reverential grief, and hearts beat in mournful 
sorrow,—that to sing his praise or speak of his worth, merit, individuality 
or character to strangers is wholly unbecoming, especially by one profess¬ 
ing and claiming his friendship, and to those who know him it is useless 
and unnecessary. 

But, Mr. President, he possessed many fine traits of character. He was a 
man of unquestioned integrity and high honor; irrepressible moral and 
physical courage. But I came not to praise him. Why should I, by play¬ 
ing upon words, arouse the passions of man or the feeling of friends “to 
ope the source of sympathetic tears ” ? 

Are not the dead provided for ? 

But it is said “ the evil men do live after them, the good is often interred 
with the bones.” Be it so, since he who is dead cannot be affected thereby; 
but I say, and it is an incentive to reward, that the good too which they do 
live after them. He had a happy home—an earthly boon—graced by a 
gentle wife and two lovely daughters. I noted this fact with pleasure 
while partaking of his royal and genuine hospitality. Now this happy 
home is shrouded iu sadness. Where love ones are bereft, there is always 
a gloom of sorrow and sadness. Would that I could by word or deed dis¬ 
place this shadow with joy and sunshine. 

But perhaps it is better that flesh should bear the ills that it is heir to, 
and that we should take a more philosophical view of death, looking to 
ourselves and the living, which we are more indebted to, “ letting the dead 
past bury its dead.” 

To the living the note of warning is sounded, ‘ take heed, lest to-morrow 
ye die.’ 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 351 


Like our associate and friend, full of youthful vigor, robust, manly, 
wearing the bloom of perfect health upon his cheeks, moved and nerved 
by achievements won, by hope and expectations of plans projected and 
conceived, which to him can never ripen into fruition, we too may be 
called from the sphere of our usefulness, from the scene of our pleasures, 
from the joys of our associations, by the dreaded monster death, beyond 
that bourne from whence no traveler returns. 

Verily, in the midst of life we are in death. 

Mr. TALBERT addressed the Convention as follows : 

Mr. President : I deem it not amiss in me to say a word in reference to 
the death of Senator J. 0. Byrd, by whose side I have sat for four weeks 
past. Until then I was not intimately acquainted with him, he living in 
the eastern and myself in the western portion of the State, and only know¬ 
ing of his record as a public man. But since I have been a member of this 
Convention I have sat by his side during the deliberations of this body for 
four weeks, and have learned to respect and love him, and have come to 
know and believe that within his manly bosom burned a spark of pure 
patriotism, and that he was an honest man, the noblest work of God. And 
now, as I look around upon his recent chair, draped in mourning, where I 
have so often looked into his friendly face, it gives me great pleasure to 
add additional testimony to that already given by his colleagues, who knew 
him better, to his sterling qualities and real worth. He has been faithful 
to every trust and loyal to every cause entrusted to his hands by his people, 
whom he loved so well, and in whose service he yielded up his life. 

The resolutions were unanimously adopted by a rising vote. 












SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 353 


The Convention resumed the consideration of Section 29. 

No. 10, report of Committee on Legislative Department. 

Debate was continued by Messrs. Burn, Prince, Hutson, W. J. 
Montgomery, Ragsdale, B. R. Tillman, Stanyarne Wilson, Sheppard 
and Aldrich. 

The question being put : “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 82 ; nays, 44. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Ashe, Atkinson, Austin, 
Barker, Behre, Bellinger, Bobo, Bowman, J. S. Brice, T. W. Brice, 
Bryan, Carver, DeHay, Dennis, Dent, Douglass, Doyle, Dudley, Efird, 
Estridge, Farrow, Fitch, Fraser, Gilland, J. L. Glenn, J. P. Glenn, 
Gooding, Gunter, Hay, Haynsworth, Hemphill, Howell, Hutson, T. 
E. Johnson, George Johnstone, Ira B. Jones, Wilie Jones, E. J. Ken¬ 
nedy, Klugh, Lee, McCaslan, McGowan, McMakin, Meares, Mitchell, 
Mower, Nathans, Nicholson, Otts, Parler, Patterson, Peake, Ragsdale, 
J. H. Read, John Reed, Rogers, Rosborough, Scarborough, Sheppard, 
Sloan, Smalls, Jeremiah Smith, W. C. Smith, Smoak, Stokes, Strib- 
liug, Sullivan, Talbert, Taylor, Timmerman, Von Kolnitz, Waters, 
Watson, Wells, Wharton, A. H. White, S. E. White, Wigg, Stan¬ 
yarne Wilson, and Woodward.—82. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Barton, Bates, Bowen, Breazeale, Buist, Burn, Connor, Cunningham, 
Ellerbe, W. D. Evans, Field, Gage, Gray, Harris, Henry, Houser, 
Irby, Keitt, J. W. Kennedy, Lowman, Lybrand, McCalla, McCown, 
McKagen, McMahan, Me White, Matthews, J. D. Montgomery, W. J. 
Montgomery, Moore, Morrison, Parrott, Perritte, Prince, Redfearn, 
Shuler, Singletary, Sligh, A. J. Smith, B. R. Tillman, G. D. Till¬ 
man, and Whipper.—44 

At 2 P. M. the Convention receded from business until 8 P. M. this 
day. 


RECESS. 

The PRESIDENT resumed the chair at 8 P. M. 

Calendar 10, report of Committee on Legislative Department. 
Section 29. Mr. RAGSDALE offered the following amendment : 

Add after the word “ debt,” on line 19 of Section 29, the following: “ And 
no judgment creditor or other creditor whose lien does not bind the home- 
23-500 






JOURNAL OF PROCEEDINGS, 


354 


stead shall have any right or equity to require that a lien which embraces 
the homestead and other property shall first exhaust the homestead.” 

After debate by Messrs. Ragsdale and Talbert, the question being 
put, the amendment was agreed to. 

Mr. FRASER moved to amend as follows : 

On line 7, after the word “ dollars,” insert: “ The title to the homestead to 
be set off and assigned shall be absolute and be forever discharged from 
all debts of the said debtor then existing or thereafter contracted, except 
as hereinafter provided.” 

After debate by Messrs. Fraser, Sheppard, Ragsdale, Barker, Wells, 
Hutson, Stanyarne Wilson, and Haynsworth, 

Mr. SHEPPARD moved to lay the amendment on the table ; which 
was not agreed to. 

Mr. SHEPPARD moved to amend the amendment by striking out 
the words “ or hereafter to be contracted.” 

Mr. RAGSDALE moved to lay the amendment to the amendment 
on the table ; which was agreed to. 

The question being put, “ Will the Convention agree to the amend¬ 
ment ?” (of Mr. Fraser) it was decided in the affirmative. 

Mr. VON KOLNITZ offered the following amendment: 

Insert on line 3, after the word “lands,” “exclusive of the value of the 
improvements thereon.” 

Insert after “ value,” on line 4, the words “ at the time of appraisal of said 
lands the sum of one thousand dollars.” 

After debate by Mr. VonKolnitz, 

Mr. PRINCE moved to lay the amendment on the table; which 
was agreed to. 

Mr. GAGE moved to amend by striking out “ entitled to,” lines 5 
and 6, printed Bill, and insert the word “having”; which was 
agreed to. 

Mr. SLIGH moved to amend : 

Line 4, after the word “estate” strike out the words “not to exceed in 
value ” and insert in lieu thereof the words “ to the value of.” 

Also line 6 after the word “property” strike out the words “not to ex¬ 
ceed in value,” and insert in lieu thereof the words “ to the value thereof.” 

Mr. HOWELL moved to lay the amendment on the table ; which 
was agreed to. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 355 


Mr. PRINCE moved to strike out all after the word “ State” on 
third line down to and including the word “dollars” on seventh line 
of printed Bill, and insert in lieu thereof the following : 


Except as hereinafter excepted, property, real or personal, or both, of 
value in the aggregate of one thousand dollars, for a family homestead. 

Mr. HOWELL moved to lay the amendment on the table; which 
was agreed to. 

Mr. PRINCE moved to strike out all after the word “ to ” on 10th 
line of printed Bill down to and including the word ‘‘jointly” on 13th 
line, and insert in lieu thereof the following : 

“ Such exemption of her property as may be sufficient to make out her 
husband’s homestead; but in no event shall there be an exemption to the 
husband and wife jointly of property to the value of more than one thou¬ 
sand dollars.” 

Mr. HOWELL moved to lay the amendment on the table ; which 
was agreed to. 

Mr. McMAHAN moved to amend as follows : 

As a substitute for Section 29. 

1. The dwelling house and surrounding 200 acres of land in the country, 
or the dwelling house and appurtenant lot in any town, in and upon which 
the owner resides as a homestead, shall be exempt from all legal process for 
debt, and shall not be mortgaged or otherwise pledged to secure a debt, 
but can be sold in entirety or in cut off portions : Provided, That the wife, 
if any, join with the husband. 

2. The personal property of any citizen of this State to the value or $500 
shall be exempt from all legal process for debts which may be over a year 
old. 

After debate by Mr. McMahan, 

Mr. HOWELL moved to lay the amendment on the table. 

The question being put, “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

Yeas, 102 ; nays, 5. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Austin, Barker, Barton, Behre, Bellinger, Bobo, 
Bowen, Bowman, Breazeale, J. S. Brice, T. W. Brice, Bryan, Buist, 
Burn, Carver, Connor, Cunningham, Dennis, Douglass, Doyle, Dud¬ 
ley, Efird, Ellerbe, Estridge, W. D. Evans, Field, Fraser, Gage, 
Gary, J. P. Glepn, Gooding, Gray, Gunter, Harris, Hay, Hayns- 



356 


JOURNAL OF PROCEEDINGS, 


worth, Hemphill, Henry, Houser, Howell, Hutson, Irby, T. E. 
Johnson, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, J. W. 
Kennedy, Klugh, Lowman, McCown, McGowan, McKagen, McMakin, 
McWhite, Matthews, Mitchell, J. D. Montgomery, W. J. Montgomery, 
Morrison, Nathans, Nicholson, Otts, Parler, Perritte, Prince, Rags¬ 
dale, Redfearn, Rogers, Rosborough, Rowland, Scarborough, Shep¬ 
pard, Shuler, Singletary, Sloan, Smalls, A. J. Smith, Jeremiah 
Smith, W. C. Smith, Smoak, Stokes, Stribling, Sullivan, Talbert, 
Taylor, B. R. Tillman, G. D. Tillman, Timmerman, Waters, Watson, 
Wells, Wharton, Whipper, A. H. White, Stanyarne Wilson, and 
Woodward.—102. 

Those who voted in the negative are : 

Kays—Messrs. Fitch, McMahan, Moore, Parrott, and Von Kol- 
nitz.—5. 

Mr. B. R. TILLMAN moved that the further consideration be 
postponed until to-morrow ; which was agreed to. 

Mr. B. R. TILLMAN moved that all leaves of abence be rescinded, 
and that absent members be notified to return unless they have a phy¬ 
sician's certificate as to sickness; which was agreed to. 

Calendar No. 34, Declaration of Rights. 

Mr. ROGERS moved to reconsider the vote whereby Section 21 was 
adopted as a whole; which was agreed to. 

REPORTS OF STANDING COMMITTEES. 

Mr. W. J. MONTGOMERY, for the Committee on Engrossed 
Resolutions and Ordinances, to whom was referred an Article relating 
to Charitable and Penal Institutions, reported that the same has been 
correctly engrossed and revised. 

Ordered to a third reading to-morrow. 

Mr. BELLINGER, for the Committee on Jurisprudence, submitted 
the following report, which was read the first time and ordered for 
consideration to-morrow: 


To the Constitutional Convention: 

The Committee to whom was referred the following resolutions: 

1. By Mr. McWhite, to provide punishments, penal institutions and 
public charities, printed in the Journal for September 17th. 

2. By Mr. Aldrich, in reference to the election of certain officers, Com¬ 
missioners and existing laws. 

Beg leave to report that they have considered the same and herewith 
submit for adoption the accompanying proposed Article on Jurisprudence. 

Respectfully, 

G. DUNCAN BELLINGER, Chairman, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 357 


ARTICLE —. 

Jurisprudence. 

Section 1. The General Assembly shall pass such laws as may be neces¬ 
sary and proper to decide differences by arbitrators, to be appointed by the 
parties who may choose that summary mode of adjustment. 

Section 2. It shall be the duty of the General Assembly to pass the neces¬ 
sary laws for the change of venue in all cases, civil and criminal, over 
which the Circuit Courts have original jurisdiction, upon a proper showing, 
supported by affidavit, that a fair and impartial trial cannot be had in the 
County where such trial or prosecution was commenced. The State shall 
have the same right to move for a change of venue that a defendant has. 
Unless a change of venue be had under the provisions of this Article the 
defendants shall be tried in the County where the offense was committed. 

Section 3. Justice shall be administered in a uniform mode of pleading, 
without distinction between law and equity. 

Section 4. Every Statute shall be a public law unless otherwise declared 
in the Statute itself. 

Section 5. The General Assembly, at its first session after the adoption 
of this Constitution, shall provide for the appointment of one or more Com¬ 
missioners, whose duty it shall be to collect and revise all the general stat¬ 
ute civil law of this State then of force as well as that which shall be passed 
from time to time, and to properly index and arrange the said statutes when 
so passed. And the said Commissioner or Commissioners shall reduce into 
a systematic Code the general civil statutes, including the Code of 
Civil Procedure, with all the amendments thereto, and shall, on 
the first day of the session for the year 1900, and at the end of 
every subsequent period, not more than of ten years, report the result of 
his or their labors to the General Assembly, with such recommendations 
and suggestions as to the abridgement and amendments as may be 
deemed necessary or proper. And a like Commission, with the same 
duties and powers, shall be appointed to collect, revise and reduce into a 
criminal code all the penal and criminal statutes of the State. Said reports, 
when ready to be made, shall be printed, and a copy thereof laid upon the 
desk of each member of both Houses of the General Assembly on the first 
day of the session, but shall not be taken up for consideration within less 
than ten days thereafter. The said codes shall be read at length but once 
in each branch of the General Assembly, and shall thereafter be deemed 
and taken by all Courts to contain exclusively all the general statute 
law of the State, except such as may be passed during the same session at 
which said codes may be adopted; but no alterations or additions to any of 
the laws therein contained shall be made except under the formalities here¬ 
tofore prescribed for the passage of laws. Provision shall be made by law 
for filling vacancies, regulating the terms of office and the compensation of 
said Commissioners, and imposing such other duties as may be desired. 
And the General Assembly shall, by committee, inquire into the progress of 
their work at each session. 

Mr. BELLINGER offered the following amendment to the report 
of the Committee on Jurisprudence; which was ordered printed in 
the Journal : 


358 


JOURNAL OF PROCEEDINGS, 


Amend Article on jurisprudence by adding as Section 6 : 

In the case of any prisoner lawfully in the charge, custody or control of 
any officer, State, County or municipal, being seized and taken from said 
officer, either by force or strategy, by a mob or other unlawful assemblage 
of-persons, and at their hands suffering bodily violence or death, the. said 
officer shall be deemed guilty of a misdemeanor, and upon true bill found 
shall be deposed from his office pending his trial, and upon his conviction 
shall forfeit his office, and shall, unless pardoned by the Governor, hence¬ 
forth be ineligible to hold any office of trust or profit within this State. It 
shall be the duty of the Prosecuting Attorney within whose district or 
County the offense may be committed to forthwith institute a prosecution 
against said officer, who shall be indicted and tried in such County, other 
than the one in which the offense was committed, as the Attorney General 
may elect. The fees and mileage of all material witnesses, both for the 
State and for the defense, shall be paid by the State Treasurer in such man¬ 
ner as may be provided by law. 

Calendar No. 34. Mr. GEO. JOHNSTONE moved to reconsider 
the vote whereby Section 27 was adopted, striking out all after the 
word “fraud.” 

The pending question being the motion of Mr. Geo. Johnstone. 

On motion of Mr. STANYARNE WILSON, the Convention, at 
10:15 P. M., adjourned until 10 A. M. to-morrow. 


TWENTY-SIXTH DAY. 


Friday, October 18, 1895. 


The Convention assembled at 10 A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the proceedings were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 359 


LEAVES OF ABSENCE 

Were granted the following : Messrs Sligh, Mower, Mitchell, 1). S. 
Henderson, Ragsdale, J. D. Montgomery, until Monday next. 

Mr. IRA B. JONES arose to a point of order as to the interpreta¬ 
tion of Rule 32. 

Mr. EFIRD moved that Rule 32 be recommitted to the Committee on 
Rules for revision. 

Which was agreed to. 


THIRD READING. 

Calendar No. 19, relating to Charitable and Penal Institutions. 

Mr. PRINCE offered the following amendment : 

Strike the following words out of Section 7: “ Including County and 
municipal almshouses, jails and prisons.” 

Mr. GOODING moved to lay the amendment on the table ; which 
was refused. 

Mr. BREAZEALE moved to strike out Section 7; which was 
agreed to. 

The Article as amended was read the third time, adopted as amended, 
and ordered referred to Committee on Order, Style and Revision. 

UNFINISHED BUSINESS. 

Calendar No. 10, report of Committee on Legislative Department, 
Mr. Sligh for Committee. 

Calendar No. 34, proposed Article 1 of the Constitution, being the 
Declaration of Rights, Mr. Mower for Committee. 

On motion of Mr. SLIGH, both were passed over for the present. 

GENERAL ORDERS. 

Second Reading. 

Calendar No. 11, resolution as to judgments, report unfavorable, 
Mr. Hodges for Committee. 

On motion of Mr. EFIRD, was passed for the present. 

Calendar No. 12, Article IX of the Constitution as proposed by 
Committee on Finance and Taxation. 

Section 1. Mr. GEORGE JOHNSTONE moved to amend as fol¬ 
lows : To add to Section 1 the words “derived from investments that 
are not liable to taxation.” 



360 


JOURNAL OF PROCEEDINGS, 


On motion of Mr. W. I). EVANS, the amendment was laid on the 
table. 

Mr. ALDRICH olfered the following amendment: Add to the end 
of Section 1 the words “and may raise revenues by license taxes upon 
trades, professions, avocations and employments, and in such other 
ways as the General Assembly may decide upon.” 

On motion of Mr. B. R. TILLMAN, the amendment was laid on 
the table. 

Mr. B. R. TILLMAN moved to amend as follows : Add to end of 
the Section the words ‘ ‘ and may provide for licenses on occupation 
and business ; ” which was agreed to. 

Mr. BARKER moved to amend as follows : By inserting after the 
word “incomes” on line 9 (printed Bill) the words “and except in¬ 
comes from agricultural production.” 

Mr. PRINCE moved to lay the amendment on the table. 

The question being put: “ Will the Convention agree thereto ?” 
it was decided in the affirmative. 

Yeas, 98 ; nays, 27. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Austin, Barry, Barton, Bates, Bellinger, Bobo, 
Bowen, Bowman, Breazeale, Bryan, Buist, Burn, Cantey, Carver, 
Connor, Cunningham, Dennis, Douglass, Efird, Ellerbe, Estridge, 
W. D. Evans, Field, Fraser, Gary, Gilland, J. P. Glenn, Gooding, 
Gray, Gunter, Harris, Haynsworth, Henry, Hutson, Irbv, George 
Johnstone, Ira B. Jones, Wilie Jones, Keitt, Klugh, Lee, Lowman, 
Lybrand, McCown, McGowan, McKagen, McMahan, McWhite, Mat¬ 
thews, Meares, Mitchell, J. D. Montgomery, W. J. Montgomery, 
Moore, Morrison, Mower, Nash, Nathans, Nicholson, Oliver, Otts, 
Parler, Patterson, Peake, Perritte, Prince, Ragsdale, Rogers, Ros- 
borough, Rowland, Scarborough, Sheppard, Shuler, Singletary, Sloan, 
A. J. Smith, Jeremiah Smith, W. C. Smith, Smoak, Stokes, Strib- 
ling, Sullivan, Talbert, B. R. Tillman, G. D. Tillman, Timmerman, 
Von Kolnitz, Waters, Watson, Wells, Wharton, Stanyarne Wilson, and 
Woodward.—98. 

Those who voted in the negative are : 

Nays—Messrs. Ashe, Atkinson, Barker, Behre, J. S. Brice, T. W. 
Brice, Dent, Doyle, Dudley, Farrow, Fitch, Gage, J. L. Glenn, 
Hemphill, Howell, T. E. Johnson, E. J. Kennedy, J. W. Kennedy, 
McMakin, Parrott, J. H. Read, Redfearn, Smalls, Taylor, A. H. 
White, S. E. White, and Wigg.—27. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 361 


Mr. MEARES moved to amend by inserting before the word 
“license” in Mr. Tillman’s amendment the word “graduated;” 
which was agreed to. 

Also, on line 9 (printed Bill) insert the word “ graduated ” between 
the letter “ a ” and the word “ tax which was agreed to. 

Mr. JEREMIAH SMITH moved to strike out from and including 
“ Provided ” on line 6 to and including “property ” on line 8. 

The question being put, “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were demanded, and are as follows : 

Yeas, 63 ; nays, 64. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Atkinson, Austin, Barry, Bates, Behre, Bellinger, Bobo, 
Bowman, Breazeale, T. W. Brice, Burn, Carver, Dennis, Dent, 
Ellerbe, Estridge, Farrow, Fraser, Gage, Garris, J. L. Glenn, Good¬ 
ing, Gray, Gunter, Harris, Hemphill, Henry, Houser, Howell, Irby, 
Ira B. Jones, McGowan, McMakin, McWhite, Meares, J. D. Mont¬ 
gomery, W. J. Montgomery, Morrison, Mower, Otts, Parler, Peake, 
Perritte, Ragsdale, Rogers, Rosborough, Rowland, Sheppard, Single¬ 
tary, Smalls, A. J. Smith, Jeremiah Smith, W. C. Smith, Smoak, 
B. R. Tillman, G. D. Tillman, Waters, Whipper, Wigg, and Stan- 
yarne Wilson. — 63. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Ashe, Barker, Barton, Bowen, J. S. Brice, 
Bryan, Buist, Cantey, Connor, Cunningham, Douglass, Doyle, Dud¬ 
ley, Efird, W. D. Evans, Field, Fitch, Gary, Gilland, J. P. Glenn, 
Hay, ILaynsworth, Hutson, T. E. Johnson, George Johnstone, Wilie 
Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, 
Lybrand, McCown, McKagen, McMahan, Matthews, Mitchell, Moore, 
Nash, Nathans, Nicholson, Oliver, Parrott, Patterson, Prince, J. II. 
Read, Redfearn, Scarborough, Shuler, Sloan, Stokes, Stribling, Sulli¬ 
van, Talbert, Taylor, Timmerman, Von Kolnitz, Watson, Wells, A. 
H. White, S. E. White, and Woodward.—64. 

Mr. DUDLEY moved to amend by adding the following to the end 
of Section 1 as amended : 

Provided, further, That the General Assembly shall impose a capitation 
tax upon dogs and provide a bounty on sheep of twenty-five cents per 
head, to be paid from such tax. 

On motion of Mr. TIMMERMAN, the proposed amendment was 
laid on the table. 




362 


JOURNAL OF PROCEEDINGS, 


Mr. B. R. TILLMAN moved the following substitute for the 
proviso, line 6 : 

The General Assembly shall provide for the annual collection of a tax of 
one dollar on every dog- in the State, to be paid by the owner thereof, the 
proceeds of which shall be appropriated to the public schools of the re¬ 
spective Counties. 

After debate by Messrs. G. D. Tillman, Barker, W. D. Evans, Otts, 
B. R. Tillman, J. D. Montgomery, Wigg, Howell and McMahan, 

The yeas and nays were demanded. 

The question being put : “ Will the Convention agree thereto ? ” it 
was decided in the negative. 

Yeas, 24; nays, 101. 

Those who voted in the affirmative are : 

Yeas—Messrs. Burn, Dent, Dudley, Gooding, Harris, Hutson, 
Klugh, McCown, McGowan, McMahan, W. J. Montgomery, Moore, 
Parrott, Perritte, Rogers, Singletary, A. J. Smith, W. C. Smith, Sul¬ 
livan, B. R. Tillman, G. D. Tillman, Waters, Watson, and Wells.—24. 

Those who voted in the negative are : 

Nays—Hon. Jno. Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Atkinson, Austin, Barker, Barry, Bar¬ 
ton, Bates, Behre, Bellinger, Bobo, Bowen, Bowman, Breazeale, J. S. 
Brice, T. W. Brice, Bryan, Buist, Cantey, Carver, Connor, Cunning¬ 
ham, Dennis, Douglass, Doyle, Efird, Ellerbe, Estridge, W. D. Evans, 
Farrow, Field, Fitch, Fraser, Gage, Garris, Gary, Gilland, J. L. Glenn, 
J. P. Glenn, Gray, Gunter, Hay, Hay ns worth, Hemphill, Henry, 
Houser, Howell, Irby, George Johnstone, Ira B. Jones, Wilie Jones, 
Keitt, E. J. Kennedy, J. W. Kennedy, Lowman, Lybrand, McKagen, 
McMakin, McWhite, Matthews, Meares, Mitchell, J. D. Montgomery, 
Morrison, Mower, Murray, Nash, Nathans, Oliver, Parler, Patterson, 
Peake, Prince, Ragsdale, J. H. Read, Redfearn, Rosborough, Row¬ 
land, Scarborough, Shuler, Sloan, Smalls, Jeremiah Smith, Smoak, 
Stokes, Stribling, Talbert, Taylor, Timmerman, Yon Kolnitz, Whar¬ 
ton, Whipper, A. H. White, S. E. White, Wigg, Stanyarne Wilson, 
and Woodward.—101. 

Mr. S. E. WHITE moved to amend Section 7 by striking out all 
after the word “ Assembly ” on 7th line down to “ property ” on 8tli line, 
and substitute therefor the words “shall impose an annual tax upon 
all dogs.” 

The PRESIDENT ruled that a similar amendment having been 
voted down, it could not be received. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 363 


Mr. TAYLOR moved to amend as follows: Strike out the first 
proviso, and insert: “Provided, The General Assembly may levy a 
per capita tax on dogs not to exceed one dollar.” 

Mr. OTTS moved to lay the motion to amend on the table. 

The yeas and nays were demanded, and it was decided in the affirm¬ 
ative. 

Yeas, 83; nays, 40. 

Those who voted in the affirmative are: 

Yeas—Hon. Jno. Gary Evans, President, and Messrs. Aldrich, Alex¬ 
ander, Anderson, Ashe, Austin, Barry, Barton, Bates, Bellinger, Bobo, 
Bowen, Breazeale, T. W. Brice, Buist, Cantey, Carver, Cunningham, 
Dennis, Douglass, Doyle, Efird, Ellerbe, Estridge, W. D. Evans, 
Earrow, Field, Fitch, Eraser, Gage, Garris, J. L. Glenn, Gray, Hay, 
Haynsworth, Hemphill, Henry, Houser, Howell, Irby, T. E. Johnson, 
Ira B. Jones, Wilie Jones, Keitt, J. W. Kennedy, Lowman, Lybrand, 
McKagen, McMakin, Matthews, Meares, Mitchell, J. D. Montgomery, 
Morrison, Mower, Murray, Nash, Otts, Parler, Patterson, Peake, 
Prince, Ragsdale, Rosborough, Rowland, Scarborough, Shuler, Sloan, 
Smalls, A. J. Smith, Jeremiah Smith, W. C. Smith, Smoak, Stribling, 
Talbert, Timmerman, Von Kolnitz, Wharton, Whipper, A. H. White, 
Wigg, Stanyarne Wilson, and Woodward. — 83. 

Those who voted in the negative are : 

Nays—Messrs. Atkinson, Barker, Bowman, Bryan, Burn, Connor, 
Dent, Dudley, Gary, J. P. Glenn, Gooding, Gunter, Harris, Hutson, 
George Johnstone, E. J. Kennedy, Klugh, Lee, McCown, McGowan, 
McMahan, Me White, W. J. Montgomery, Moore, Nicholson, Parrott, 
Perritte, J. H. Read, Redfearn, Rogers, Sheppard, Singletary, Sulli¬ 
van, Taylor, B. R. Tillman, G. I). Tillman, Waters, Watson, Wells, 
and S. E. White.—40. 

The Section as amended was adopted. 

Section 2. Mr. W. D. EVANS moved to adjourn debate on this 
Section, and that it be taken up in connection with the report of the 
Committee on Education; which was agreed to. 

Section 3. Mr. JEREMIAH SMITH moved to adjourn debate on 
Section 3 to 10 A. M. to-morrow ; which was agreed to. 

Section 4 was adopted as reported by the Committee. 

Section 5. Mr. BATES moved to amend as follows : By inserting 
the word “ parsonages” between the words “churches” and “and” 
on line 7 ; which was agreed to. 

Also, by inserting the word “parsonages” between the words 
“ churches ” and “ and ” on line 11 ; which was agreed to. 




364 


JOURNAL OF PROCEEDINGS, 


On motion of Mr. BATES, further consideration of the Section was 
passed for the present. 

Section 6. Mr. BELLINGER moved to amend line 5 by inserting 
between the words “ property ” and “ except” the words “including 
the capital stock of banks and banking institutionswhich was 
agreed to. 

Mr. PRINCE moved to reconsider the vote whereby the amend¬ 
ment proposed by Mr. BELLINGER had been adopted ; which was 
agreed to. 

After debate, participated in by Messrs. Bellinger, Prince, Rags¬ 
dale and Aldrich, 

Mr. PRINCE moved to lay the proposed amendment on the table ; 
which was agreed to. 

Mr. RAGSDALE moved to amend Section* 6, line 6, by adding 
after the word taxed” the words “for corporate purposes and;” 
which was agreed to. 

On motion of Mr. STANYARNE WILSON, further debate was 
adjourned to 8 P. M. this day. 

Section 7. Mr. KEITT moved to amend by striking out all after 
the word “corporation/* on line 3, and inserting the following: 
“ The General Assembly shall not have power to delegate to any 
County, township, municipal corporation or other political division of 
the State the right to levy taxes in support of enterprises of indi¬ 
viduals, associations or corporations.” 

The pending question being the proposed amendment, and Mr. 
Keitt having the floor, the Convention, at 2 P. M., receded from 
business until 8 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 8 P. M. 

Mr. McCOWN moved to take up out of its order 
No. 45, resolution relating to the filling of a vacancy in the Con¬ 
vention from Florence County ; 

Which was agreed to. 

Mr. McCOWN offered the following additional resolution : 

Besolved, further , That the President he, and he is hereby, authorized to 
fill said vacancy by appointment. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 365 


Mr. FRASER moved that the matter be referred to the Committee 
on Judiciary, with instruction to report at the earliest moment; 
which was agreed to. 


LEAVES OF ABSENCE. 

Indefinite leave of absence was granted Messrs. Bellinger and 
Sprott on account of sickness, Mr. Nathans until Tuesday next, and 
Mr. Lybrand until Monday next. 

The Convention resumed the consideration of Calendar No. 12, 
Article IX of the Constitution, as proposed by Committee on Finance 
and Taxation. 

Mr. MEARES moved to amend Section 6 by striking out “may” 
on liue 2 and inserting “ shall;” which was agreed to. 

Mr. W. D. EVANS moved to reconsider the vote whereby the word 
“ may ” was ordered stricken out and “shall” inserted; which was 
agreed to. 

Mr. W. D. EVANS moved to lay the amendment on the table ; 
which was agreed to. 

Mr. J. II. READ moved to amend Section 6 by adding the follow¬ 
ing : “ Provided , That nothing herein shall prevent the issuing of 
bonds for the purpose of paying or refunding any valid municipal 
debt heretofore contracted in excess of eight per centum of the assessed 
value of all the taxable property therein ;” which was agreed to. 

Mr. B. R. TILLMAN moved to amend line 7 by striking out “ any ” 
and inserting the word “the ; ” which was agreed to. 

Also, same line, by striking out the words “ hereafter incurred by” 
and inserting the word “ of ; ” which was agreed to. 

Mr. MEARES moved to amend as follows: Line 5 after the 
word “ exempted ” insert the words “ or herein permitted to be.” 

Mr. STANYARNE WILSON moved to lay the amendment on the 
table. 

The question being put, “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were demanded, and are as follows : 

Yeas, 35 ; nays, 85. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Austin, Barry, Behre, Bobo, 
Bowen, Carver, Connor, Cunningham, Douglass, Doyle, Efird, 
Estridge, W. D. Evans, Field, Gooding, Gunter, Houser, T. E. John¬ 
son, George Johnstone, Keitt, Lybrand, Moore, Otts, Redfearn, Row¬ 
land, Shuler, Smoak, Sfcokes, Stribliug, Talbert, Waters, Stanyarne 
Wilson, and Woodward.—35. 




366 


JOURNAL OF PROCEEDINGS, 


Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Atkinson, Barker, Barton, Bates, Bowman, Breazeale, J. S. Brice, 
T. W. Brice, Bryan, Buist, Burn, Cantey, Dennis, Dudley, Ellerbe, 
Farrow, Fitch, Fraser, Gage, Garris, Gary, Gilland, J. L. Glenn, J. 
P. Glenn, Gray, Harris, Hay, Haynsworth, Hemphill, Henry, Howell, 
Hutson, Ira B. Jones, Wilie Jones, E. J. Kennedy, J. W. Kennedy, 
Klugh, Lee, Lowman, McCown, McGowan, McKagen, McMahan, 
McMakin, Me White, Meares, J. D. Montgomery, W. J. Montgomery, 
Morrison, Nash, Nathans, Nicholson, Oliver, Parler, Parrott, Patter¬ 
son, Peake, Perritte, Prince, J. H. Read, I. R. Reed, Rogers, Ros- 
borough, Scarborough, Sheppard, Singletary, Sloan, A. J. Smith, 
Jeremiah Smith, W. G. Smith, Sullivan, Taylor, B. R. Tillman, G. 
D. Tillman, Timmerman, Von Kolnitz, Watson, Wells, Wharton, 
Whipper, A. H. White, S. F. White, and Wigg.—85. 

The amendment was then adopted. 

Mr. B. R. TILLMAN moved to amend by adding to the end of the 
Section the following, which was agreed to : 

No County, township, municipal corporation or other political division of 
this State shall hereafter be authorized to increase its bonded indebtedness, 
if at the time of any proposed increase thereof the aggregate amount of its 
already existing bonded debt amounts to eight per centum of the value of 
all taxable property therein as ascertained by the valuation for State taxa¬ 
tion . 

And whenever there shall be several political divisions or municipal cor¬ 
porations covering or extending over the same territory or portions there¬ 
of, possessing a power to levy a tax or contract a debt, then each of such 
political divisions or municipal corporations shall so exercise its power to 
increase its debt under the foregoing eight per cent, limitation that the 
aggregate debt over and upon no territory of this State shall ever exceed 
fifteen per centum of the value of all taxable property in such territory as 
declared for taxation by the State. 

Mr. IRA B. JONES moved to amend by inserting the word “ town¬ 
ship” after “Counties,” on line 1 ; which was agreed to. 

Also, insert “township school district” after “ County,” on line 7 ; 
which was agreed to. 

Also, insert “ or subdivision” after “political division,” on line 8 ; 
which was agreed to. 

The Section as amended was then adopted. 

Section 7. Mr. KEITT resumed his remarks upon the amendment 
proposed by him just prior to the recess. 

Mr. PRINCE moved to lay the amendment on the table ; which 
was agreed to. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 367 


Mr. BREAZEALE moved to amend as follows : Line 8, by striking 
out the words “debts heretofore existing” and inserting the words 
“past indebtedness which was agreed to. 

Mr. STANYARNE WILSON moved to amend as follows : Insert 
after “ Courts,” line 7, the words “ and for ordinary County purposes; ” 
which was agreed to. 

Mr. B. R. TILLMAN offered the following : Amend line 5, after 
the word “tax” insert the words “or issue bonds;” which was 
agreed to. 

Mr. BARKER moved to amend line 1 by striking out the word 
“to” and inserting the words “for the benefit of ;” which was 
agreed to. 

Mr. W. D. EVANS moved to amend line 4 by striking out the 
words “ to delegate to” and insert in line thereof the word “author¬ 
ize ^ which was agreed to. 

Also, on same line, to strike out the words “ the right; ” which was 
agreed to. 

Mr. GARY moved to amend by adding on line 3, after the word 
“owner,” the word “of;” which was agreed to. 

Section 7 was adopted as amended. 

Section 8. Mr. W. D. EVANS moved that debate be adjourned 
on this Section, to be resumed in connection with the report of Com¬ 
mittee on Education ; which was agreed to. 

Section 9, on motion of Mr. B. R. TILLMAN, was stricken out. 

Sections 10, 11 and 12 were adopted as reported by the Committee. 

Section 13. Mr. ELLERBE moved to strike out the word “No¬ 
vember” and insert the word “January ;” which was agreed to. 

The Section as amended was adopted. 

Section L4. Mr. BUIST moved to amend line 12 by striking out 
“ twenty ” and inserting “ thirty.” 

Mr. W. D. EVANS moved to amend the amendment by adding 
before the word “twenty” the words “not less than,” and after the 
word “ twenty,” on the same line, the words “ nor more than forty ;” 
which was agreed to. 

Mr. PATTERSON moved to strike out the word “ people,” on line 7, 
and insert the word “ qualified voters ;” which was agreed to. 

Mr. BATES moved to amend by striking out “a further debt,” on 
line 9, and inserting in lieu thereof the words “increasing the debt, 
the ;” which was agreed to. 

The Section as amended was adopted. 

Section 15 was adopted as reported by Committee. 

Section 16, on motion of Mr. PATTERSON, was stricken out. 



368 


JOURNAL OF PROCEEDINGS, 


Section 17. Mr. W. D. EVANS moved that further debate on this 
Section be adjourned for the present; which was agreed to. 

Calendar No. 35. “Resolved , That speeches be limited to ten min¬ 
utes on all subjects except the suffrage question.” 

Mr. ALDRICH moved to lay the resolution on the table. 

The question being put: “ Will the Convention agree thereto ?” it 

was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 51; nays, 61. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Austin, Barry, Bates, Bowen, J. S. Brice, 
Bryan, Cantey, Efird, Ellerbe, W. D. Evans, Farrow, Eitoh, Eraser, 
Gage, J. L. Glenn, Hemphill, Howell, Hutson, George Johnstone, 
Wilie Jones, Keitt, E. J. Kennedy, Klugh, Lee, McCown, McGowan, 
McKagen, McMahan, McWhite, Meares, J. D. Montgomery, W. J. 
Montgomery, Nicholson, Peake, Perritte, Rogers, Sheppard, Shuler, 
Singletary, Sloan, A. J. Smith, Jeremiah Smith, W. C. Smith, Stokes, 
G. D. Tiilman, Watson, Whipper, A. H. White, and Wigg.—51. 

Those who voted in the negative are : 

Nays—Hon. Jno. Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Barker, Barton, Bobo, Bowman, Breazeale, T. W. 
Brice, Buist, Burn, Carver, Connor, Cunningham, Dennis, Douglass, 
Dojde, Dudley, Estridge, Field, Gary, Gilland, J. P. Glenn, Gooding, 
Gunter, Harris, Hay, Houser, T. E. Johnson, Ira B. Jones, J. W. 
Kennedy, Lowman, Lybrand, McMakin, Moore, Morrison, Nash, 
Nathans, Otts, Parler, Parrott, Patterson, Prince, J. II. Read, Red- 
fearn, Rosborough, Rowland, Smoak, Stribling, Sullivan, Talbert, 
Taylor, B. R. Tillman, Timmerman, Waters, Wells, Wharton, S. E. 
White, Stanyarne Wilson, and Woodward.—61. 

Mr. HUTSON moved to indefinitely postpone the whole matter. 

The question being put, the Convention refused to indefinitely post¬ 
pone. 

Mr. ALDRICH moved to amend by adding “ except by consent of 
the Convention which was agreed to. 

Mr. STANYARNE WILSON called the previous question on the 
whole matter ; which was agreed to. 

The question being upon, the adoption of the resolution, 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 41 ; nays, 67. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 369 


Those who voted in the affirmative are : 

Yeas—Hon. Jno. Gary Evans, President, and Messrs. Atkinson, 
Austin, Barton, Bobo, Bowman, Breazeale, T. W. Brice, Buist, Burn, 
Carver, Dennis, Douglass, Doyle, Estridge, Field, Gary, Gilland, J P. 
Glenn, Gooding, Gunter, Harris, Hay, Houser, T. E. Johnson, Low- 
man, Lvbrand, McMakin, Moore, Morrison, Parrott, Prince, J. H. 
Read, Redfearn, Rosborough, Rowland, Smoak, Stribling, Sullivan, 
Talbert, Taylor, Timmerman, Waters, Wells, Wharton, Stanyarne 
Wilson, and Woodward.—47. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Ashe, Barker, Barry, Bates, Bowen, J. S. 
Brice, Bryan, Cantey, Connor, Cunningham, Dudley, Efird, Ellerbe, 
W. I). Evans, Farrow, Fitch, Fraser, Gage, Garris, J. L. Glenn, Gray, 
Haynsworth, Hemphill, Howell, Hutson, George Johnstone, Ira B. 
Jones, Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, 
Lee, McCown, McGowan, McKagen, McMahan, McWhite, Meares, 
J. D. Montgomery, W. J. Montgomery, Nash, Nathans, Nicholson, 
Otts, Parler, Patterson, Peake, Perritte, Rogers, Scarborough, Shep¬ 
pard, Shuler, Singletary, Sloan, A. J. Smith, Jeremiah Smith, W. C. 
Smith, Stokes, B. R. Tillman, G. D. Tillman, Watson, Whipper, 
A. H. White, S. E. White, and Wigg.-67. 

Mr. ELLERBE moved to reconsider the vote whereby the Conven¬ 
tion rejected the resolution, and to lay that motion on the table ; which 
was agreed to. 


REPORT OF STANDING COMMITTEE. 

Mr. GARY submitted the following : 

The Committee on Jurisprudence, to whom was referred an ordinance fix¬ 
ing the age of consent, introduced by Mr. McGowan, and printed in the 
Journal of the twelfth day, on page 6 thereof, respectfully report that they 
have carefully considered the same, and recommend that the ordinance be 
adopted with the following amendment: Strike out “ sixteen (16)” on the 
last line thereof and insert “fifteen (15).” 

All of which is respectfully submitted. 

FRANK B. GARY, for Committee. 

ORDINANCE FIXING THE AGE OF CONSENT. 

Be it ordained by the people of South Carolina, in convention assembled, 
That the following shall constitute Section — of Article — of the Constitu¬ 
tion of this State: 

That no woman shall legally consent to marriage or sexual intercourse 
who shall not have attained the age of sixteen (16) years. 

24-500 




370 


JOURNAL OF PROCEEDINGS, 


Which was read the first time and ordered for consideration to¬ 
morrow. 

Mr. E. J. KENNEDY introduced the following ordinance, which 
was read the first time and ordered for consideration to-morrow, 
printing and reference dispensed with : 

Tlie General Assembly shall not be inhibited from enacting such laws as 
may be necessary to provide for validating and carrying into effect sub¬ 
scription heretofore made by Chesterfield County to the capital stock of 
any railroad corporation. 

Mr. STOKES moved that No. 30, report of Committee on Corpo¬ 
rations, be made a special order at 12 M. on Thursday next and from 
day to day thereafter until disposed of; which was agreed to. 

On motion of Mr. STANYARNE WILSON, the Convention, at 
10:20 P. M., adjourned until 10 A. M. to-morrow. 


TWENTY-SEVENTH DAY. 


Saturday, October 19, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 
LEAVES OF ABSENCE 

Were granted to Messrs. Houser, Meares, Irby and T. W. Brice until 
Monday evening, and to Messrs. Wells and Von Kolnitz until Tues¬ 
day at 12 M., and to Messrs. Rogers and Singletary until Wednesday 
night, and indefinite leave to Mr. Cooper on account of sickness. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 371 


RESOLUTIONS, ETC. 

Mr. SHEPPARD offered the following resolution, which was con¬ 
sidered immediately and agreed to : 

-Resolved, That the Committee on Contingent Accounts and Expenses he, 
and is hereby, requested to present for the consideration of the Conven¬ 
tion an ordinance providing for the disbursement of the appropriation 
made by the General Assembly to defray the expenses of this Convention. 

Mr. BREAZEALE offered the following resolution, which was con¬ 
sidered immediately and agreed to : 


-Resolved, That the names of James Adamson and Aaron Owens, who 
have been engaged by the Secretary of the State as laborers to attend to 
duties connected with the State House made necessary by the assembling 
of the Convention, be added to the laborers of the Convention and be enti¬ 
tled to their pay for the time they have been employed. 


PETITION. 

Mr. W. J. MONTGOMERY presented the following petition, 
which was received as information, printing and reference dispensed 
with : 

The State of South Carolina, } 
County of Marion. $ 

To the lion. John Gary Evans, President, and the Honorables the Members 
of the Constitutional Convention of the State of South Carolina: 

The subscribing ladies of the town of Marion, of the County and State 
aforesaid, respectfully petitioning, beg leave to show,— 

That whereas, from the very nature of things, there can be no sex in 
morals and intelligence; that whereas the principles of political reasoning- 
in accordance with which men are given the right to vote applies with 
equal conclusiveness in regard to the exercise of this right by women (par¬ 
ticularly under a free democratic Constitution), since true democracy 
maintains that every individual is born with an equal right to the protec¬ 
tion and consideration of the law, and affirms that every one must have a 
vote in order to secure this fundamental right; that whereas the spirit of 
our form of government is such as requires that no man’s property shall be 
taken for the purposes of government without his consent, and since, 
therefore, the law allows women to hold and manage property, it seems 
anomalous and inconsistent that it should refuse them a vote to protect 
their property from inordinate taxation and the consequences generally of 
weak or vicious government, and class them along with the minor, the 
idiot, the lunatic and the criminal; that whereas the exclusion from the 
suffrage founded on color has long since perished, it is a matter of deep 
humiliation to your petitioners that the only other exception should be 
founded on sex alone; and whereas that from these and other incontestible 
grounds your petitioners are firmly persuaded that the disfranchisement of 



372 


JOURNAL OF PROCEEDINGS, 


women is an utter anomaly in the Constitution of a free people that boasts 
of “equallaws and equal rights,” and a most unjust discrimination against 
equally free-born, moral, intelligent and property-holding individuals; 

Wherefore your petitioners earnestly entreat that justice be accorded the 
good women of South Carolina, and to this end that the proposition 
regarding the enfranchisement of women now pending before your honor¬ 
able body have early and favorable consideration at your hands and be 
incorporated in the organic law of the grand old Commonwealth, whose 
future is as dear to the hearts of her daughters as to those of her sons. 

And your petitioners will ever pray, etc. 


Mrs. M. I. McMxlan, » 
Mrs. Junius H. Evans, 
Miss M. C. Shaffer, 
Mrs. W. H. Cross, 

Mrs. W. S. Martin, 

Miss Kate DuBois, 

Mrs. W. A. McNeill, 
Mrs. A. L. Evans, 

Mrs. Samuel Evans, 

Miss Claudia Durant, 
Mrs. C. E. Leitner, 

Mrs. M. R. Atkinson, 
Mrs. J. W. Johnson, 

Mrs. P. Y. Bethea, 

Miss L. S. Reaves, 

Mrs. R. J. Blackwell, 
Mrs. W. L. Durant, 

Miss Jennie Durant, 
Mrs. K. L. Benson, 

Miss Lane Privett, 

Mrs. W. A. Brown, 

Mrs. Kate Lillie Blue, 
Mrs. W. J. Montgomery, 
Miss Mary Oliver, 

Miss Kate Shaffer, 

Mrs. Tom Jones, 

Mrs. Eliza J. Evans, 


Mrs. C. A. Woods, 

Mrs. C. B. Whilden, 

Miss D. H. Shaffer, 

Mrs. J. D. Lucas, 

Mrs. P. B. Sellers, 

Mrs. E. B. Wheeler, 

Mrs. E. H. Gasque, 

Mrs. Emily Evans, 

Miss Pauline Durant, 

Mrs. W. W. Durant, 

Mrs. Geo. Edwards, 

Mrs. E. T. Wilcox, 

Mrs. John Wilcox, 

Mrs. L. M. Heaves, 

Miss Mary Edwards, 

Mrs. J. T. DuBois, 

Miss Annie Durant, 

Miss Sallie DuBois, 

Mrs. J. T. Brown, 

Mrs. J. 0. Brown, 

Mrs. J. C. Shecut, 

Mrs. Henrietta Blue, 

Mrs. Lillian Durant Clayton, 
Mrs. C. A. Durham, 

Mrs. G. W. McKerall, 

Mrs. W. L. Hewitt, 

Mrs. W. H. Lyde. 


REPORTS OF STANDING COMMITTEES. 


Mr. SHEPPARD, for the Committee on Rules, submitted the fol¬ 
lowing report, which was considered immediately and agreed to : 

To the President and Members of the Convention : 

The Committee on Rules, to which was recommitted Rule 32, respectfully 
report the accompanying Rule as a substitute for Rule 32, and recommend 
its adoption. 

All of which is respectfully submitted. 

J. C. SHEPPARD, for Committee. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 373 


RULE 32. 

On the third reading of a Resolution for revising, amending or changing 
the Constitution, amendments shall he in order as on the second reading. 

Mr. SHEPPARD, for the Committee on Rules, submitted the fol¬ 
lowing report, which was read the first time and ordered for consid¬ 
eration to-morrow : 

To the President and Members of the Convention : 

The Committee on Rules respectively report the accompanying resolu¬ 
tion, and recommend its adoption. 

All of which is respectfully submitted. 

J. C. SHEPPARD, for Committee. 

Besolved, That all ordinances of this Convention after ratification by the 
President and Secretary be delivered by the Secretary to the Secretary of 
State for permanent preservation; that all resolutions adopted by this 
Convention, after the adjournment thereof, shall be delivered by the Sec¬ 
retary to the Secretary of State for permanent preservation; that the Con¬ 
stitution after adoption by the Convention, and ratification as prescribed 
in Rule 42, shall be delivered by the Secretary to the Secretary of State for 
permanent preservation; that under the supervision of the Secretary of 
State the Constitution shall be printed, and five hundred copies thereof 
bound in suitable form and be deposited in the State Library to be disposed 
of as follows, to wit: 

1. One copy thereof to be forwarded to each member of this Convention. 

2. One copy to each of the Supreme and Circuit Judges in this State. 

3. One copy to each Circuit Solicitor in this State. 

4. Three copies to the Supreme Court Library of this State. 

5. One copy to each chartered college in this State. 

6. To the Governor of each State in the Union, for the use of the State* 
one copy, and one copy to each Territory. 

7. To the Library of Congress two copies. 

8. To the heads of departments at Washington, for the use of their de¬ 
partments, one copy. 

9. One copy to the Historical Society of South Carolina. 

The remaining copies to be sold by the State Librarian at such price as 
may be fixed by the Governor, Attorney General and Librarian. 

Mr. W. D. EVANS, for the Committee on Finance and Taxation, 
submitted the following report, which was read the first time and 
ordered for consideration to-morrow : 

The Committee on Finance and Taxation, to whom was referred a reso¬ 
lution requiring that all the expenses of the Court of General Sessions for 
each County be paid by the State, by Mr. Estridge, respectfully report that 
they have carefully considered the same, and recommend that it be not 
adopted, for the reason that it is a matter of legislation, and should be left 
to the General Assembly, 

All of which is respectfully submitted, 

W. D. EVANS, 

For Committee. 







JOURNAL OF PROCEEDINGS, 


Or- A 

o/4 


Mr. E. J. KENNEDY introduced the following ordinance, which 
was read the first time, and ordered for consideration to-morrow, 
reference dispensed with : 

An Ordinance to provide that the General Assembly may here¬ 
after ENACT SUCH LAWS AS MAY BE NECESSARY TO VALIDATE AND 
CARRY INTO EFFECT THE SUBSCRIPTIONS TO THE CAPITAL STOCK OF 

the Chesterfield and Lancaster Railroad Company and the 
Chesterfield and Kershaw Railroad Company heretofore 
voted for and authorized by the qualified voters of Chester¬ 
field County. 

We, the people of the State of South Carolina, by our delegates in Con¬ 
vention assembled, do ordain: 

Section 1. That nothing contained in the Constitution ordained and 
established by the people of the State of South Carolina now in Conven¬ 
tion assembled shall inhibit the General Assembly from hereafter enacting 
all such laws as may be necessary to validate and carry into effect the sub¬ 
scriptions to the capital stock of the Chesterfield and Lancaster Railroad 
Company and the Chesterfield and Kershaw Railroad Company here¬ 
tofore voted for and authorized by the qualified voters of Chesterfield 
County, 

UNFINISHED BUSINESS. 

Calendar No. 12, Article IX of the Constitution, as proposed by 
Committee on Finance and Taxation. 

Section 3, special order for 10 A. M. this morning, on motion of 
Mr. IRA B. JONES, was continued until Monday next. 

Section 5. Mr. PRINCE moved to amend as follows : On line 9, 
by inserting between the words “that” and “this” the following 
words : “As to real estate ;” which was agreed to. 

Also, to amend line 3 by striking out the word “public” before the 
word “schools ;” which was agreed to. 

Mr. W. D. EVANS moved to amend by striking out all of lines 1 
and 2 down to the word “all” in line 2. Insert in lieu thereof the 
following : “ There shall be exempted from taxation ;” which was 

agreed to. 

Mr. CONNOR moved to amend as follows : “ Strike out the words 
“private gain” on line 3, and insert in lieu thereof the word “reve¬ 
nues which was agreed to. 

Mr. IRA B. JONES moved to amend line 6 by striking out the 
word “the” and inserting the word “such ;” which was agreed to. 

Mr. McMAHAN moved to amend line 2. After “municipal prop¬ 
erty ” strike out all down to “revenues” on line 3. 

On motion of Mr. CONNOR, the amendment was laid on the 
table. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 375 


Mr. HAYNSWORTH moved to amend as follows : On line 3, be¬ 
tween the words “ and ” and “ of,” insert the words “ the property ;” 
which was agreed to. 

The Section as amended was adopted. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote where¬ 
by the Convention on yesterday adopted Section 14 as amended ; 
which was agreed to. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote whereby 
the words “ not less than” or “ more than ” were adopted yesterday ; 
which was agreed to. 

Mr. GAGE moved to amend as follows : Section 14, line 11, after 
the word payable,” strike out all the balance of the sentence, and 
insert the words “ payable within such time as the General Assembly 
shall prescribe, not to exceed thirty years from the date of such 
bonds.” 

After debate by Messrs. George Johnstone, Efird, W. D. Evans, 
Gage, Barker, Burns and Stribling, 

Mr. STRIBLING moved to amend the amendment by striking out 
the word “ thirty,” and adding the words “not to exceed thirty years 
from the date of said bonds.” 

The question being put, the amendment was rejected. 

Mr. IRA B. JONES offered the following as a substitute for the 
amendment proposed by Mr. Gage: Strike out all of sentence after 
payable and insert “not more than forty years after final passage of 
the law authorizing said debt.” 

Mr. B. R. TILLMAN moved to lay the substitute on the table. 

The question being put, the Convention refused to table the sub¬ 
stitute. 

The substitute proposed by Mr. Ira B. Jones was then agreed to. 

Mr. WIGG offered the following : 

Amend Section 14, line 16, after the word “bond,” by adding the follow¬ 
ing: “Provided that nothing herein contained shall prohibit the General 
Assembly from providing for funding at a lower or the same rate of inter¬ 
est any bonds or other indebtedness now existing, or may hereafter be 
incurred or increased as herein provided.” 

On motion of Mr. W. D. EVANS, the amendment was laid on the 
table. 

Mr. W. D. EVANS moved to postpone debate on this Section until 
10 A. M. Monday, and from day to day thereafter until disposed of; 
which was agreed to. 




376 


JOURNAL OF PROCEEDINGS, 


SECOND READING. 

Calendar No. 11, resolution as to judgments (report unfavorable), 
Mr. Hodges. 

On motion of Mr. W. D. EVANS, the unfavorable report of the 
Committee was adopted and the resolution rejected. 

Calendar No. 25, an ordinance to provide for a Department of 
Roads and Forestry (report unfavorable), Mr. McMahan. 

Mr SHEPPARD moved to indefinitely postpone the ordinance. 

The question being put, the Convention refused to indefinitely 
postpone. 

Mr. McMAHAN moved to lay the unfavorable report of the Com¬ 
mittee on the table ; which was agreed to. 

After debate by Messrs. McMahan, Aldrich, Buist, Burn, 
Hemphill, in favor of, and Sheppard, George Johnstone and Parrott 
against the ordinance, 

Mr. McGOWAN moved to amend line 4 by striking out the word 
“to" at the end of line, and inserting the word “Thus;" which was 
agreed to. 

Mr. SHEPPARD moved to amend as follows : Line 6, strike out 
the word “shall" and insert the word “may." 

Mr. ALDRICH moved to lay the amendment on the table. 

The question being put, “Will the Convention agree thereto ?" it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 26 ; nays, 83. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Bates, Buist, Burn, Dudley, Farrow, Fitch, 
Harris, Haynsworth, Hemphill, Keitt, Klugh, McCown, McGowan, 
McKagen, McMahan, Miller, J. D. Montgomery, W. J. Montgomery, 
Moore, Patterson, Peake, Perritte, Scarborough, Von Kolnitz, and 
Wells.—26. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Atkinson, Austin, Barker, Barry, Barton, Behre, 
Bobo, Bowen, Bowman, Breazeale, J. S. Brice, T. W. Brice, Bryan, 
Cantey, Carver, Connor, Cunningham, Dennis, Dent, Douglass, 
Doyle, Efird, Estridge, W. D. Evans, Field, Floyd, Fraser, Gage, 
Garris, Gary, J. L. Glenn, J. P. Glenn, Gooding, Gray, Gunter, 
Henry, T. E. Johnson, George Johnstone, Ira B. Jones, Wilie Jones, 
E. J. Kennedy, J. W. Kennedy, Lee, Lawman, Me White, Morrison, 
Nash, Otts, Parler, Parrott, Prince, Redfearn, Rosborough, Row- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 377 


land, Sheppard, Shuler, Singletary, Sloan,. Smalls, A. J. Smith, 
Jeremiah Smith, W. C. Smith, Smoak, Stokes, Stribling, Sullivan, 
Talbert, Taylor, B. R. Tillman, G. D. Tillman, Timmerman, Waters, 
Wharton, Whipper, A. H. White, S. E. White, Wigg, Stanyarne 
Wilson, and Woodward.—83. 

The amendment was then agreed to. 

Mr. OTTS moved to indefinitely postpone the Section as amended. 

After debate by Messrs. McMahan, George D. Tillman, Burn, 
McCown, Otts, Aldrich, Buist and Field, 

The question being put, the Convention indefinitely postponed the 
ordinance. 

Mr. SHEPPARD moved to reconsider the vote whereby the Con¬ 
vention indefinitely postponed the ordinance, and to lay that motion 
on the table ; which was agreed to. 

Mr. W. D. EVANS moved that when this Convention adjourn it 
stand adjourned until 12 M. Monday ; which was agreed to. 

On motion of Mr. STANYARNE WILSON, at 2.15 P. M., the 
Convention adjourned until 12 M. on Monday next. 


TWENTY-EIGHTH DAY. 


Monday, October 21, 1895. 


The Conevntion assembled at 12 o'clock M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 






378 


JOURNAL OF PROCEEDINGS, 


The PRESIDENT received the following communication, which 
was read by the Clerk : 


Columbia, S. C., October 21, 1895. 
Hoh. John Gary Evans, President of Convention: 

I hereby tender my resignation as Clerk of the Committee on Legislative 
Department and as one of the Clerks in the Engrossing Department, and 
ask that it be accepted. 

Respectfully, 

J. W. WESSINGER. 

On motion of Mr. GEORGE JOHNSTONE, the resignation was 
accepted. 


LEAVE OF ABSENCE. 

Mr. GARY asked and obtained indefinite leave of absence for his 
colleague Mr. McCaslan on account of sickness. 


CERTIFICATES. 

Medical certificates as to the illness of Messrs. ILiers and Clayton 
were received and accepted. 


SPECIAL ORDERS. 

Calendar No. 28, report of a part of the Committee on Counties and 
County Governments, made by Mr. Harrison. 

Mr. HARRISON asked and obtained permission to withdraw from 
the files of the Convention the above report. 

Mr. HARRISON requested that his name be added to the report 
submitted by Mr. Otts on the same subject; which was agreed to. 

Calendar No. 29, report of a part of the Committee on Counties and 
County Government, submitted by Mr. Austin, minority. 

Mr. OTTS moved to indefinitely postpone the report of the minor¬ 
ity, submitted by Mr. Austin. 

After debate by Messrs. Gary, Otts, McGowan, G. D. Tillman and 
B. R. Tillman, 

Mr. G. D. TILLMAN moved to lay the report of the minority of 
the Committee on the table. 

The question being put, a division was demanded. Result—Yeas, 
42 ; nays, 67. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 379 


Section 1. Mr. B. R. TILLMAN" moved to amend as follows: 
Line 4, by inserting after the word “County” the following : “setting 
forth the boundaries and showing compliance with the requirements 
of this Article ; ” which was agreed to. 

Mr. SHEPPARD moved to amend as follows: By adding to the end 
of the Section : “ Provided , That new Counties shall not be created 

so as to increase the number of Counties beyond fifty, including those 
now in existence.” 

After debate by Messrs. Sheppard, J. S. Brice, B. R. Tillman and 
W. C. Smith, 

Mr. B. R. TILLMAN moved to amend the amendment by striking 
out “fifty” and inserting in lieu thereof the words “sixty-two.” 

Debate continued by Messrs. George Johnstone and G. D. Till¬ 
man. 

At 2 P. M., Mr. G. D. TILLMAN having the floor, the Convention 
receded from business until 8 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 8 P. M. 

RESOLUTION. 

Mr. GRAY introduced the following, which was read the first time 
and ordered for consideration to-morrow, reference dispensed with : 


An Ordinance to Provide that the General Assembly May Here¬ 
after Enact Such Laws as May be Necessary to Validate and 
Carry into Effect the Subscriptions to the Capital Stock of 
the Carolina, Knoxville and Western Railroad Company, 
Heretofore Voted for and Authorized by the Qualified Voters 
of Greenville County. 

We, the people of South Carolina, by our delegates in convention assem¬ 
bled, do ordain: 

Section 1. That nothing contained in the Constitution ordained and estab¬ 
lished by the people of the State of South Carolina, now in convention assem¬ 
bled, shall inhibit the General Assembly from hereafter enacting all such laws 
as may be necessary to validate and carry into effect the subscriptions to 
the capital stock of the Carolina, Knoxville and Western Railroad Com¬ 
pany heretofore voted for and authorized by the qualified voters of Green¬ 
ville County. 






380 


JOURNAL OF PROCEEDINGS, 


REPORT OF STANDING COMMITTEE. 


Mr. BREAZEALE, for the Committee on Judicial Department, 
submitted the following report, which was considered immediately, 
the report adopted and the resolution rejected: 


The Committee on Judicial Department, to whom was referred the reso¬ 
lution relating to the vacancy in the Convention caused by the death of 
Hon. J. 0. Byrd, respectfully report that they have carefully considered the 
same, and recommend that the same be not adopted for the reason that the 
law provides how such vacancies shall be filled, and the Convention should 
not interfere therewith. 

All of which is respectfully submitted. 

J. E. BREAZEALE, 

For Committee. 

Calendar No. 29, report of Committee on Counties and County 
Government, Mr. Austin for Committee. 

Section 1. Mr. G. D. TILLMAN resumed his remarks on the above. 

After debate by Messrs. McGowan, Morrison, T. E. Johnson, 
Me White, B. R. Tillman and George Johnstone, 

Mr. GARY moved to lay on the table the amendment and the 
amendment to the amendment. 

The question being put, it was decided by a rising vote in the affirm¬ 
ative. 

Mr. FIELDS, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following, which was considered immediately 
and adopted, and ordered paid : 

The Committee on Contingent Accounts and Expenses, to whom was 
referred the bill of Charles A. Calvo, Jr., for $12.75 for stationery, respect¬ 
fully report that they have carefully considered the same, and recommend 
that it be paid. 

All of which is respectfully submitted. 

W. T. Field, 
Chairman of Committee. 

Columbia, S. C., September 18,1895. 

Mr. W. H. Yeldell, 

In aceount with Charles A. Calvo, Jr. 


To printing and ruling 250 Bill blanks. $7 75 

To one Receipt Book. 5 00 


$12 75 

Approved by Wm. H. Yeldell, 


Chief Clerk Engrossing Department. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 381 


Mr. B. R. TILLMAN, for the Committee on Suffrage, submitted 
the following amendments to the report of the Committee on Suffrage, 
which were ordered printed in the Journal : 

Add to Section 1, after “ ballot,” the words “and elections shall never be 
held or the ballots counted in secret.” 

Section 2, line 2, insert between the words “age. But” the words as 
prescribed in this Constitution.” 

Section 3, line 1, insert between the words “citizen of” the words “of 
this State and.” 

Section 4 (a), line 4, strike out “a” and write “any.” Also on same line 
insert “due” before the word “six.” Also at end of line 4, and beginning 
of line 5, on page 2, strike out the words “ of the Gospel.” Also same Sec¬ 
tion, page 2, line 5, insert between the words “church shall” the words 
“and teachers of public schools.” 

Page 2 (c), line 10, insert between the words “or must” the words “after 
January 1st, 1898.” 

Page 2, line 15, strike out the words “illiterate” and “thus.” 

Page 2, line 17, write “February” in place of “January.” 

Page 2, line 18, insert between the words “the provisions” the word 
“other.” Also on same line strike out the words “of Section 6.” 

Page 2, line 20, strike out the words “ class of.” 

Page 2, line 21, after “ franchise ” add the words “ under the limitations 
herein imposed.” 

Page 4, Section 12, add at end of line 3, the words “ Provided the Gover¬ 
nor shall appoint municipal registration officers.” 

Page 4, Section 13, line 6, insert between the words “right to” the words 
“ to be registered and.” 

On motion of Mr. McCALLA, at 11 P. M., the Convention ad¬ 
journed until 10 A. M. to-morrow. 


TWENTY-NINTH DAY. 


Tuesday, October 22, 1895. 


The Convention assembled at 10 A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 








382 


JOURNAL OF PROCEEDINGS, 


The Journal of yesterday's proceedings was read and confirmed. 
Mr. B. R. TILLMAN" moved that the amendment proposed by the 
Suffrage Committee and printed on page 4, Journal 21st instant, be 
incorporated in and printed in the report of the Committee ; which 
was agreed to. 


LEAVES OF ABSENCE. 

Indefinite leave was granted Mr. Smoak on account of sickness. 

Mr. EARROW asked and obtained leave of absence for himself 
until Thursday next. 

UNFINISHED BUSINESS. 

Calendar No. 29, minority report of the Committee on Counties and 
County Government, Mr. Austin for Committee. 

Mr. IRA B. JONES moved to reconsider the vote whereby the Con¬ 
vention agreed to proceed with the consideration of the minority 
report. 

Mr. GARY moved to lay the motion on the table ; w r hich was 
agreed to. 

Section 10. Mr. PRINCE moved to amend Section 1, line 3, by 
striking out the word “qualified” and inserting in lieu thereof the 
word “freehold.” 

On motion of Mr. B. R. TILLMAN, the proposed amendment was 
laid on the table. 

Mr. EFIRD moved to amend as follows : Strike out in Section 1, 
line 3, the words “a proposed” and insert the words “each section 
of an old County proposed to be cut off to form a; ” which was 
agreed to. 

Mr. SCARBOROUGH moved to amend Section 1, line 3, by strik¬ 
ing out “one-third” and inserting in lieu thereof the words “two 
hundred.” 

On motion of Mr. GARY, the amendment was laid on the table. 

Mr. BUIST moved to amend line 1, Section 1, by striking out the 
word “ Legislature ” and insert the words “ General Assembly ;” which 
was agreed to. 

Mr. GAGE moved to amend same Section, line 7. After the word 
“ County ” add the following : “And that at the same electiou the 
question of a name and of a County seat for such County shall be sub¬ 
mitted to the electors ;” which was agreed to. 

Mr. IRA B. JONES moved to substitute Section 4 of the majority 
on the same subject for Section 1 as amended. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 383 


After debate by Messrs. G. D. Tillman, Otts, T. E. Johnson, Burn 
and Patterson, 

Mr. B. R. TILLMAN moved to lay the amendment on the table ; 
whioh was agreed to. 

The Section as amended was then adopted. 

Section 2. Mr. McGOWAN moved to amend Section 2, line 1, by 
striking out the words “a majority,” and inserting in lieu thereof the 
words et two-thirds.” 

Mr. OTTS moved to lay the motion on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 58 ; nays, 78. 

Those who voted in the affirmative are : 

Yeas—Messrs. Barry, Bates, Berry, Bradham, T. W. Brice, Buist, 
Cantey, Clayton, Cooper, Cunningham, DeHay, Dennis, Doyle, 
Estridge, Floyd, Gamble, Garris, J. P. Glenn, Graham, Gray, 
Gunter, Hamel, Harris, Harrison, Houser, Irby, George Johnstone, 
Ira B. Jones, Wilie Jones, J. W. Kennedy, Lybrand, McCown, 
McDermotte, McMakin, McWhite, Meares, Miller, Moore, Morrison, 
Murray, Nash, Otts, Ragsdale, Rosborough, Scarborough, Jeremiah 
Smith, Stackhouse, Stokes, Talbert, B. R. Tillman, G. D. Tillman, 
Watson, Wharton, Whipper, A. H. White, S. E. White, W. B. Wil¬ 
son, and Woodward.—58. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Atkinson, Austin, Barker, Barton, 
Behre, Bellinger, Bobo, Bowen, Bowman, Breazeale, Bryan, Burn, 
Carver, Dent, Douglass, Dudley, Efird, Ellerbe, W. D. Evans, Far¬ 
row, Field, Fitch, Fraser, Gage, Gary, J. L. Glenn, Gooding, Hayns- 
worth, Hemphill, D. S. Henderson, Henry, Howell, Hutson, Jervey, 
T. E. Johnson, Keitt, E. J. Kennedy, Klugh, Lee, Lowman, 
McCalla, McGowan, McKagen, McMahan, Mitchell, J. D. Montgom¬ 
ery, W. J. Montgomery, Mower, Nathans, Nicholson, Oliver, Parler, 
Patterson, Patton, Peake, Perritte, Prince, J. H. Read, Redfearn, 
I. R. Reed, Rowland, Russell, Sheppard, Smalls, A. J. Smith, W. C. 
Smith, Stribling, Sullivan, Taylor, Timmerman, Waters, Wells, and 
Wigg. —78. 

Mr. OTTS moved to amend the amendment by striking out “ ma¬ 
jority ” and inserting “three-fifths.” 

On motion of Mr. E. J. KENNEDY, the amendment to the amend¬ 
ment was laid on the table. 





384 


JOURNAL OF PROCEEDINGS, 


The amendment of Mr. McGowan was then adopted. 

Mr. BUIST moved to amend Section 2, line 3, by striking out the 
word “ Legislature” and inserting in lieu thereof the words ‘' Gen¬ 
eral Assembly;” which was agreed to. 

Mr. B. R. TILLMAN moved to amend line 1, after the word 
“within” insert the words “each of;” which was agreed to. 

Also, to strike out sections on the same line and insert “townships 
or part of townships;” which was agreed to. 

Mr. J. S. BRICE moved to amend line 5 by adding the following 
after “years”: “ Provided, farther, The General Assembly may alter 
or change the lines of any proposed County, or may refuse to establish 
the same.” 

On motion of Mr. SCARBOROUGH, the amendment proposed was 
laid on the table. 

Mr. IRA B. JONES moved to amend line 1 by striking out the 
word “voters” and inserting the words “electors voting in said elec¬ 
tion ;” which was agreed to. 

Mr. PRINCE moved to amend line 3 by inserting after the word 
“County” the words “at its next session provided all precedent pro¬ 
visions of this Article have been complied with ;” which was agreed to. 

Mr. B. R. TILLMAN moved that further debate on this Section 
be adjourned for the present; which was agreed to. 

Section 3. Mr. E. J. KENNEDY moved to amend lines 1 and 2 
by striking out the words “one hundred and twenty-fourth” and 
inserting “ one sixtieth” in lieu thereof. 

Mr. PATTERSON moved to lay the motion on the table. 

The question being put : “ Will the Convention agree thereto ?” 

it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 88 ; nays, 51. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary, Evans, President, and Messrs. Aldrich, At¬ 
kinson, Austin, Barry, Bates, Bellinger, Berry, Bobo, Bowen, Bowman, 
Bradham, T. W. Brice, Buist, Cantey, Clayton, Cooper, Cunningham, 
DeHay, Dennis, Dent, Douglass, Doyle, Dudley, Efird, Ellerbe, 
Estridge, Field, Fitch, Floyd, Gamble, Garris, J. L. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harrison, Haynsworth, D. S. Hen¬ 
derson, Houser, Howell, Irby, George Johnstone, Ira B. Jones, Wilie 
Jones, Keitt, J. W. Kennedy, Lowman, Lybrand, McDermotte, 
McKagen, McMahan, McMakin, McWhite, Meares, Miller, W. J. 
Montgomery, Morrison, Murray, Nash, Nicholson, Otts, Parler, Pat¬ 
terson, Ragsdale, Rogers, Rosborough, Scarborough, Sheppard, Sloan, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 385 


Jeremiah Smith, W. C. Smith, Stackhouse, Stokes, Talbert, B. R. 
Tillman, G. D. Tillman, Timmerman, Watson, Wharton, Whipper, 
A. H. White, S. E. White, W. B. Wilson, Winkler, and Woodward. 
— 88 . 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Ashe, Barker, Barton, Behre, Breazeale, 
J. S. Brice, Bryan, Burn, Carver, W. D. Evans, Farrow, Fraser, Gage, 
Gary, J. P. Glenn, Harris, Hemphill, Henry, Hutson, Jervey, T. E. 
Johnson, E. J. Kennedy, Klugh, Lee, McCalla, McCown, McGowan, 
Mitchell, J. D. Montgomery, Moore, Mower, Oliver, Parrott, Peake, 
Perritte, Prince, J. H. Read, Redfearn, I. R. Reed, Rowland, Rus¬ 
sell, Smalls, A. J. Smith, Stribling, Sullivan, Taylor, Von Kolnitz, 
Waters, Wells, and Wigg.—51. 

Mr. W. B. WILSON moved to amend same, line 3, by striking out 
all after the word “ dollars.” 

After debate by Messrs. W. B. Wilson and Prince, 

Mr. J. S. BRICE moved to lay the amendment on the table ; which 
was agreed to. 

Mr. PRINCE moved to amend line 3 by striking out the word 
“two” and inserting the word “three.” 

After debate by Messrs. Prince and B. R. Tillman, 

Mr. B. R. TILLMAN moved to amend the amendment by striking 
out “ three ” and inserting f< one and one-half.” 

Debate continued by Messrs. Hemphill and Behre. 

Mr. W. D. EVANS moved to adjourn debate on this Section until 
10 A. M. to-morrow ; which was agreed to. 

Mr. W. D. EVANS offered the following resolutions, which were 
made a special order for 12 M. on Thursday next : 

Whereas a member of this Convention, the Hon. R. H. Hodges, died at 
his home in Bennettsville, S. C., at 5 o’clock this 22d day of October, 1895; 
and whereas we, as a body, have learned to value and appreciate his 
worth as a man and a member; therefore be it 

Resolved, 1st. That while we can but bow to the will of Him who doeth 
all things well, yet ’tis hard to understand why one so full of vigor, both of 
mind and body, in the prime of life, should be so suddenly called from an 
honorable and useful career. 

2. That in his death this Convention has lost a useful member, the State 
a valued citizen, and the County of Marlboro an able representative and 
faithful official. 

3. That we will mourn his departure, cherish his memory, and emulate 
his virtues. 

4. That a page of the Journal of this Convention be dedicated to his 
memory. 

25-500 




386 


JOURNAL OF PROCEEDINGS, 


5. That a copy of these resolutions, suitably engrossed, be forwarded by 
the Secretary to his family. 

As a further mark of respect to his memory, I move that these resolu¬ 
tions be made a special order for Thursday next at 12 M., and that this 
Convention do now adjourn for this day. 

On motion of Mr. W. D. EVANS, at 1:20 P. M., the Convention 
adjourned until 10 A M. to-morrow. 


THIRTIETH DAY. 


Wednesday, October 23, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted Mr. Hamel, on account of sickness in 
his family. 

Leave of absence was granted Messrs. Gilland, Henderson and 
A. H. White until Monday next. 

UNFINISHED BUSINESS. 

Calendar No. 29, report of the Committee on Counties and County 
Government, minority, Mr. Austin for Committee. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 387 


Section 3. The pending questions being the motion of Mr. Prince 
to amend line 3, by striking out the word “two” and inserting the 
word “three,” and the amendment to the amendment proposed by 
Mr. B. R. Tillman, to strike out the word “ three ” and insert the 
words “one and a half” in lieu thereof. 

After debate by Messrs. Parler, Howell, Buist, Talbert, Jeremiah 
Smith and Hemphill, 

Mr. D. S. HENDERSON moved the previous question on the whole 
subject; which was agreed to. 

Debate was continued by Mr. Prince. 

Mr. BELLINGER moved to lay the amendment to the amendment 
on the table. 

The question being put: “ Will the Convention agree thereto?” it 
was decided in the negatjve. 

The yeas and nays were requested, and are as follows : 

Yeas, 68; nays, 76. 

Those who voted in the affirmative are: 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Atkinson, Austin, Barker, Barton, Bates, Behre, Bellin¬ 
ger, Berry, Bobo, Bowen, Breazeale, J. S. Brice, T. \V. Brice, Bryan, 
Burn, Carver, Cooper, Efird, W. D. Evans, Eitch, Fraser, Gary, J. 
L. Glenn, J. P. Glenn, Harris, Hay, Hemphill, D. S. Henderson, 
Henry, Houser, Hutson, Jervey, T. E. Johnson, E. J. Kennedy, 
Klugh, Lee, Lowman, McCalla, McGowan, Matthews, Mitchell, J. D. 
Montgomery, W. J. Montgomery, Mower, Nathans, Parrott, Patter¬ 
son, Peake, Prince, Redfearn, Rowland, Russell, Sheppard, Smalls, 
A. J. Smith, R. F. Smith, W. C. Smith, Stribling, Sullivan, Von 
Kolnitz, Waters,Wells, Wharton, Stanyarne Wilson, and Winkler.—68. 

Those who voted in the negative are : 

Nays—Messrs. Ashe, Barry, Bowman, Bradham, Buist, Cantey, 
Clayton, Connor, Cunningham, DeHay, Dennis, Dent, Derham, 
Douglass, Doyle, Dudley, Ellerbe, Estridge, Field, Floyd, Gage, 
Gamble, Garris, Gooding, Graham, Gray, Gunter, Hamel, Harrison, 
Haynsworth, Howell, George Johnstone, Ira B. Jones, Wilie Jones, 
Keitt, J. W. Kennedy, Lybrand, McCown, McDermotte, McKagen, 
McMahan, McMakin, McWhite, Meares, Miller, Moore, Morri¬ 
son, Murray, Nash, Nicholson, Otts, Parler, Patton, Ragsdale, J. 
H. Read, Rogers, Rosborough, Scarborough, Shuler, Sligh, Sloan, 
Jeremiah Smith, Stackhouse, Stokes, Talbert, Taylor, B. R. Tillman, 
G. D. Tillman, Watson, Whipper, A. H. White, S. E White, Wigg, 
Wiggins, W. B. Wilson, and Woodward.—76. 




388 


JOURNAL OF PROCEEDINGS, 


Mr. B. R. Tillman's amendment was then adopted. 

The question then being put upon the amendment of Mr. Prince as 
amended by Mr. B. R. Tillman, the amendment as amended was 
adopted. 

Mr. McCOWN moved to reconsider the vote whereby the Conven¬ 
tion had agreed to the amendment as amended, and to lay that motion 
on the table ; which was agreed to. 

Mr. W. B. WILSON moved to amend same Section, line 4, by 
adding after the word “ miles": “Provided , That when there is 
embraced within the limit of the proposed new County a city having 
a population of five thousand inhabitants or more, then such new 
County may be formed with an area of not less than three hundred 
square miles." 

After debate by Messrs. W. B. Wilson, Ragsdale, Ira B. Jones, J. 

S. Brice, Burn, Timmerman and Stanyarne Wilson, 

Mr. EFIRD moved the previous question on the whole matter; 
which was agreed to. 

Mr. E. J. KENNEDY moved to lay the amendment of Mr. W. B. 
Wilson on the table ; which was agreed to. 

Mr. E. J. KENNEDY moved to amend line 4 by striking out the 
word “four" and inserting the word “ five." 

The question being put: “ Will the Convention agree thereto ?" it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 53 ; nays, 92. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Barker, Behre, Bel¬ 
linger, Berry, Bobo, J. S. Brice, Bryan, Burn, Carver, Douglass, W. 
D. Evans, Gary, Graham, Hay, Hemphill, Howell, Hutson, Jervey, 

T. E. Johnson, E. J. Kennedy, Klugh, Lee, McCown, McGowan, 
Me White, Mitchell, J. D. Montgomery, Morrison, Mower, Nathans, 
Nicholson, Oliver, Parler, Parrott, Peake, Perritte, J. H. Read, Red- 
fearn, I. R. Reed, Rowland, Russell, Sheppard, Smalls, A. J. Smith, 
Stribling, Sullivan, Taylor, Von Kolnitz, Wharton, and Stanyarne 
Wilson.—53. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Austin, Barry, Barton, Bowen, Bowman, Bradham, Breazeale, 
T. W. Brice, Buist, Cantey, Clayton, Connor, Cooper, Cunningham, 
DeHay, Dennis, Dent, Derham, Hoyle, Dudley, Efird, Ellerbe, 
Estridge, Field, Fitch, Floyd, Fraser, Gage, Gamble, Garris, J. L. 
Glenn, J. P. Glenn, Gooding, Gray, Gunter, Hamel, Harris, Har- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 389 


rison, Haynsworth, D. S. Henderson, Henry, Houser, Irby, George 
Johnstone, Ira B. Jones, Wilie Jones, Keitt, J. W. Kennedy, Low- 
man, Lybrand, McCalla, McDermotte, McKagen, McMahan, Mc- 
Makin, Meares, Miller, Moore, Murray, Nash, Otts, Patterson, Prince, 
Ragsdale, Rogers, Rosborough, Scarborough, Shuler, Sligh, Sloan, 
Jeremiah Smith, R. F. Smith, W. C. Smith, Stackhouse, Stokes, Tal¬ 
bert, B. R. Tillman, G. D. Tillman, Timmerman, Waters, Watson, 
Wells, Whipper, A. H. White, S. E. White, Wigg, W. B. Wilson, 
Winkler, and Woodward.—92. 

Mr. Me WHITE moved to amend line 4 by striking out “four hun¬ 
dred” and inserting “four hundred and fifty.” 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 69 ; nays, 74. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Barker, Barry, Behre, Berry, Bobo, Bowman, 
J. S. Brice, Bryan, Carver, Connor, Cooper, Derham, Douglass, Dud¬ 
ley, Fraser, Gamble, Garris, Graham, Gunter, Hay, D. S. Henderson, 
Houser, Howell, Hutson, Jervey, T. E. Johnson, George Johnstone, 
Keitt, E. J. Kennedy, Lee, Lowman, McCown, McDermotte, Mc- 
White, Matthews, Mitchell, J. D. Montgomery, W. J. Montgomery, 
Mower, Nash, Nathans, Nicholson, Oliver, Parler, Parrott, Peake, 
Perritte, J. H. Read, Redfearn, Rowland, Russell, Sheppard, Smalls, 
A. J. Smith, Jeremiah Smith, R. F. Smith, Stokes, Stribling, Sulli¬ 
van, Von Kolnitz, Wells, Wharton, Stanyarne Wilson, Winkler and 
Woodward.—69. 

Those who voted in the negative are : 

Nays—Messrs. Ashe, Atkinson, Austin, Barton, Bellinger, Bowen, 
Bradham, Breazeale, T. W. Brice, Buist, Burn, Cantey, Clayton, De- 
Hay, Dennis, Dent, Doyle, Efird, Ellerbe, Estridge, Field, Fitch, 
Floyd, Gage, Gary, J. L. Glenn, J. P. Glenn, Gooding, Gray, Hamel, 
Harris, Harrison, ILaynsworth, Hemphill, Henry, Irby, Ira B. Jones, 
J. W. Kennedy, Lybrand, McCalla, McGowan, McKagen, McMahan, 
McMakin, Meares, Miller, Moore, Morrison, Murray, Otts, Patterson, 
Prince, Ragsdale, I. R. Reed, Rogers, Rosborough, Scarborough, Shu¬ 
ler, Sligh, W. C. Smith, Stackhouse, Talbert, Taylor, B. R. Tillman, 
G. D. Tillman, Timmerman, Waters, Watson, Whipper, A. H. 
White, S. E. White, Wigg, Wiggins, and W. B. Wilson.—74. 




390 


JOURNAL OF PROCEEDINGS, 


Mr. EFIRD moved to amend line 3 by inserting between the words 
“ dollars ” and “ nor” the words “ as shown by the last tax return ;” 
which was agreed to. 

The Section as amended was adopted. 

Mr. B. R. TILLMAN moved to reconsider the vote whereby Sec¬ 
tion 3 was adopted as amended, and to lay that motion on the table ; 
which was agreed to. 

Section 4. Mr. GEORGE JOHNSTONE moved to amend line 1 by 
adding to the end thereof the words “ and fifty.” 

Mr. PRINCE moved to lay the amendment on the table ; which 
was agreed to. 

Mr. STANYARNE WILSON called the previous question on the 
whole matter; which was agreed to. 

Section 4 was then adopted as reported by the Committee. 

Mr. STANYARNE WILSON moved that the Convention recon¬ 
sider the vote whereby Section 4 was adopted, and to lay that motion 
on the table ; which was agreed to. 

Mr. CONNOR offered the following substitute : 

“No new County line shall be run nearer to an established courthouse 
than ten miles: Provided, That this Section shall not apply to court houses 
located in Counties not proposed to be dismembered, or where said new 
County line is a natural boundary and forms a formidable barrier to trade.” 

After debate by Mr. McCalla, 

The pending question being the proposed substitute. 

On motion of Mr. PATTERSON, at 1:50 P. M., the Convention 
receded from business until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

LEAVES OF ABSENCE 

Were granted Mr. Singletary until next Friday and Mr. Sligh until 
next Monday. 

Calendar No. 29, report of the Committee on County and County 
Government (minority report), Mr. Austin. 

Section 5. The Convention resumed the consideration of Section 
5, the pending question being the substitute offered by Mr. Connor 
this morning. 

After debate by Messrs. Efird and Prince, 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 391 


Mr. PRINCE offered the following substitute for the whole matter : 

“ In the formation of new Counties no old County shall be cut within ten 
miles of its County seat.” 

Debate was continued by Messrs. Conner, Otts, Bellinger, W. D. 
Evans and B. R. Tillman. 

Mr. B. R. TILLMAN moved “to recommit the two reports (Nos. 
26 and 29), with instructions to limit the area of old and new Coun¬ 
ties to four hundred and fifty square miles, and leave everything else 
to the discretion of the General Assembly.” 

After debate by Messrs. T. E. Johnson, Patterson and D. S. Hen¬ 
derson, 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 17; nays, 124. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Barry, Clayton, DeHay, Dennis, Gamble, 
Garris, J. W. Kennedy, McMakin, W. J. Montgomery, Mower, 
Murray, B. R. Tillman, Waters, S. E. White, Wiggins, and W. B. 
Wilson.—17. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Atkinson, Austin, Barker, Barton, Bates, Behre, 
Bellinger, Berry, Bobo, Bowen, Bowman, Breazeale, J. S. Brice, T. 
W. Brice, Bryan, Buist, Burn, Cantey, Carver, Connor, Cooper, Cun¬ 
ningham, Douglass, Doyle, Dudley, Efird, Ellerbe, Estridge, W. D. 
Evans, Field, Eitch, Floyd, Fraser, Gage, Gary, J. L. Glenn, J. P. 
Glenn, Gooding, Graham, Gray, Harris, Harrison, Hay, Hayns- 
worth, Hemphill, D. S. Henderson, Henry, Houser, Howell, Hutson, 
Irby, Jervey, T. E. Johnson, George Johnstone, Ira B. Jones, 
Wilie Jones, Keitt, E. J. Kennedy, Klugh, Lee, Lowman, McCalla, 
McCown, McGowan, McKagen, McMahan, McWhite, Matthews, 
Meares, Miller, Mitchell, J. D. Montgomery, Moore, Morrison, Nash, 
Nathans, Nicholson, Oliver, Otts, Parler, Parrott, Patterson, Patton, 
Peake, Perritte, Prince, Ragsdale, Redfearn, I. R. Reed, Rogers, 
Rosborough, Rowland, Russell, Scarborough, Sheppard, Shuler, 
Sloan, Smalls, A. J. Smith, Jeremiah Smith, R. F. Smith, W. C. 
Smith, Stackhouse, Stokes, Stribling, Sullivan, Talbert, Taylor, G. 
D. Tillman, Timmerman, Yon Kolnitz, Watson, Wells, Wharton, 
Whipper, A. H. White, Wigg, Stanyarne Wilson, Winkler, and Wood¬ 
ward.—124. 




392 


JOURNAL OF PROCEEDINGS, 


Mr. COOPER moved to lay on the table the substitute proposed by 
Mr. Prince. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, G8; nays, 70. 

Those who voted in the affirmative are : 

Yeas—Messrs. Atkinson, Berry, Buist, Cantey, Clayton, Cooper, 
DeHay, Dennis, Douglass, Doyle, Estridge, Floyd, Fraser, Gage, Gam¬ 
ble,Garris, J. L. Glenn, Gooding,Graham,Gray, Harrison, Irby, George 
Johnstone, IraB. Jones, Wilie Jones, Keitt, J. W. Kennedy, McCown, 
McKagen, McMahan, McMakin, McWhite, Meares, Miller, Moore, 
Morrison, Mower, Murray, Nash, Nicholson, Oliver, Otts, Parler, 
Patton, Ragsdale, Rogers, Rosborough, Scarborough, Sheppard, Shu¬ 
ler, Sloan, Jeremiah Smith, Stackhouse, Talbert, Taylor, B. R. Till¬ 
man, G. D. Tillman, Von Kolnitz, Waters, Watson, Wharton, Whipper, 
A. II. White, S. E. White, Wiggins, W. B. Wilson, Winkler and 
Woodward.—68. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Austin, Barker, Barry, Barton, Bates, 
Behre, Bellinger, Bobo, Bowen, Bowman, Breazeale, J. S. Brice, T. 
W. Brice, Bryan, Burn, Carver, Connor, Cunningham, Dudley, El- 
lerbe, W. D. Evans, Field, Fitch, Gary, J. P. Glenn, Harris, Hay, 
Haynsworth, Hemphill, D. S. Henderson, Henry, Houser, Howell, 
Hutson, Jervey, T. E. Johnson. E. J. Kennedy, Klugh, Lee, 
Lowman, McGowan, Matthews, Mitchell, J. D. Montgomery, W. J. 
Montgomery, Nathans, Parrott, Patterson, Peake, Perritte, Prince, 
Redfearn, I. R. Reed, Rowland, Russell, Smalls, A. J. Smith, R. F. 
Smith, W. C. Smith, Stokes, Stribling, Sullivan, Wells, Wigg, and 
Stanyarne Wilson.—70. 

Mr. McCALLA stated that he was paired with Mr. Hamel. Had 
he voted, he would have voted “ no.” 

Mr. EFIRD stated that he was paired with Mr. Sligh. Had he 
voted, he would have voted “ no,” and Mr. Sligh would have voted 
“ yea.” 

The substitute of Mr. Prince was then adopted. 

Mr. G. D. TILLMAN moved to amend the substitute of Mr. Prince 
by striking out the words “ten miles” and inserting the words 
“ seven miles.” 

After debate by Messrs. G. D. Tillman, Talbert, Parrott, Patterson, 
Gary, Klugh, Sheppard, Rogers, Clayton, McCalla, and E. J. Ken- 
nedy, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 393 


Mr. E. J. KENNEDY moved to lay the amendment to the substi¬ 
tute on the table. 

The question being put : “ Will the Convention agree thereto ?” 

it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 74 ; nays, 67. 

Those who voted in the affirmative are : 

Teas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Atkinson, Austin, Barker, Barry, Barton, 
Bates, Behre, Bellinger, Bobo, Bowen, Bowman, Breazeale, J. S. 
Brice, T. W. Brice, Bryan, Burn, Carver, Connor, Cunningham, Dud¬ 
ley, Efird, Ellerbe, Field, Fitch, Gary, Harris, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Henry, Houser, Howell, Hutson, 
Jervey, T. E. Johnson, E. J. Kennedy, Klugh, Lee, Bowman, Mc¬ 
Gowan, McMahan, Matthews, Mitchell, J. D. Montgomery, W. J. 
Montgomery, Nash, Nicholson, Oliver, Parrott, Patterson, Peake, 
Perritte, Prince, Redfearn, I. R. Reed, Rowland, Russell, Smalls, 
A. J. Smith, R. F. Smith, W. C. Smith, Stokes, Stribling, Sulli¬ 
van, Wells, Wharton, Wigg, and Stanyarne Wilson.—74. 

Those who voted in the negative are : 

Nays—Messrs. Berry, Buist, Cantey, Clayton, Cooper, DeHay, 
Dennis, Derham, Douglass, Doyle, Estridge, «W. D. Evans, Floyd, 
Fraser, Gage, Gamble, Garris, J. L. Glenn, J. P. Glenn, Gooding, 
Graham, Gray, Harrison, Irby, George Johnstone, Ira B. Jones, 
Wilie Jones, Keitt, J. W. Kennedy, McCown, McDermotte, Mc- 
Kagen, McMakin, McWhite, Meares, Miller, Moore, Morrison, Mower, 
Murray, Nathans, Otts, Parler, Patton, Ragsdale, Rogers, Rosborough, 
Scarborough, Sheppard, Shuler, Sloan, Jeremiah Smith, Stackhouse, 
Talbert, Taylor, B. R. Tillman, G. D. Tillman, Timmerman, Waters, 
Watson, Whipper, A. H. White, S. E. White, Wiggins, W. B. 
Wilson, Winkler, and Woodward.—67. 

Mr. McCALLA stated that he was paired with Mr. Hamel. Had 
he voted, he would have voted “year.” 

Mr. TALBERT moved to amend the substitute by striking out 
“ten miles” and inserting in lieu thereof the words “eight miles.” 

The question being put,’“Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 71; nays, 70. 

Those who voted in the affirmative are : 

Yeas—Messrs. Atkinson, Berry, Buist, Cantey, Clayton, Cooper, 
Cunningham, DeHay, Dennis, Derham, Douglass, Doyle, Estridge, 




394 


JOURNAL OF PROCEEDINGS, 


W. D. Evans, Field, Floyd, Gage, Gamble, Garris, J. L. Glenn, J. 
P. Glenn, Gooding, Graham, Gray, Harrison, Irby, George Johnstone, 
Ira B. Jones, Wilie Jones, Keitt, J. W. Kennedy, McCown, McDer- 
motte, McKagen, McMahan, McMakin, Me White, Meares, Miller, 
Moore, Morrison, Mower, Murray, Nathans, Otts, Parler, Patton, 
Peake, Ragsdale, Rogers, Rosborough, Scarborough, Sheppard, Shuler, 
Sloan, Jeremiah Smith, Stackhouse, Talbert, Taylor, B. R. Tillman, 
G. D. Tillman, Timmerman, Waters, Watson, Wharton, Whipper, 
A. H. White, Wiggins, W. B. Wilson, Winkler, and Woodward.—71. 

Those who voted in the negative are: 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Austin, Barker, Barry, Barton, Bates, 
Behre, Bellinger, Bobo, Bowen, Bowman, Breazeale, J. S. Brice, T. 
W. Brice, Bryan, Burn, Carver, Connor, Dudley, Etird, Ellerbe, 
Fitch, Fraser, Gary, Harris, Hay, Havnsworth, Hemphill, D. S. Hen¬ 
derson, Henry, Houser, Howell, Hutson, Jervey, T. E. Johnson, E. J. 
Kennedy, Klugh, Lee, Lowman, McGowan, Matthews, Mitchell, 
J. D. Montgomery, W. J. Montgomery, Nash, Nicholson, Oliver, 
Parrott, Patterson, Perritte, Prince, Redfearn, I. R. Reed, Row¬ 
land, Russell, Smalls, A. J. Smith, R. F. Smith, W. C. Smith, 
Stokes, Stribling, Sullivan, W r ells, S. E. White, Wigg, and Stanyarne 
Wilson.—70. 

Mr. McCALLA stated that he was paired with Mr. Hamel. Had 
he voted, he would have voted “no.” 

Mr. Talbert moved to reconsider the vote whereby the Convention 
agreed to strike out “ten miles” and insert “ eight miles,” and to lay 
that motion on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 73 ; nays, 70. 

Those who voted in the affirmative are : 

Yeas—Messrs. Atkinson, Berry, J. S. Brice, T. W. Brice, Buist, 
Cantey, Clayton, Cooper, Cunningham, DeHay, Dennis, Derham, 
Douglass, Hoyle, Estridge, W. D. Evans, Field, Floyd, Gage, Gamble, 
Garris, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gray, Harrison, 
Irby, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, J. W. Ken¬ 
nedy, McCown, McDermotte, McKagen, McMahan, McMakin, 
McWhite, Meares, Miller, Moore, Morrison, Mower, Murray, Nathans, 
Otts, Parler, Patton, Peake, Ragsdale, Rogers, Rosborough, Scar¬ 
borough, Sheppard, Shuler, Sloan, Jeremiah Smith, Stackhouse, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 395 


Talbert, Taylor, B. R. Tillman, G. D. Tillman, Timmerman, Waters, 
Watson, Wharton, Whipper, A. II. White, Wiggins, W. B. Wilson, 
Winkler, and Woodward.—73. 

Those who voted in the negative are : 

Kays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Austin, Barker, Barrry, Barton, Bates, 
Behre, Bellinger, Bobo, Bowen, Bowman, Breazeale, J. S. Brice, 
Bryan, Burn, Carver, Connor, Dudley, Efird, Ellerbe, Eitch, Fraser, 
Gary, Harris, Hay, Haynsworth, Hemphill, D. S. Henderson, Henry, 
Houser, Howell, Hutson, Jervey, T. E. Johnson, E. J. Kennedy, 
Klugh, Lee, Lowman, McGowan, Matthews, Mitchell, J. D. Mont¬ 
gomery, W. J. Montgomery, Nash, Nicholson, Oliver, Parrott, Pat¬ 
terson, Perritte, Prince, J. H. Read, Redfearn, I. R. Reed, Rowland, 
Russell, Smalls, A. J. Smith, R. F. Smith, W. C. Smith, Stokes, 
Stribling, Sullivan, Wells, S. E. White, Wigg, and Stanyarne Wil¬ 
son.—70. 

Mr. McCALLA stated that he was paired with Mr. Hamel. Had 
he voted, he would have voted “ no.” 

The pending question being the adoption of the substitute as 
amended, for Section 5. 

On motion of Mr. J. D. MONTGOMERY, at 11:30 P. M., the 
Convention adjourned to meet at 10 A. M. to-morrow. 


THIRTY-FIRST DAY. 


Thursday, October 24, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 






396 


JOURNAL OF PROCEEDINGS, 


GENERAL ORDERS. 

Mr. E. J. KENNEDY moved to take up Calendar No. 47, to per¬ 
mit the General Assembly to enact certain laws in reference to Ches¬ 
terfield County ; which was agreed to. 

Mr. E. J. KENNEDY moved to lay No. 47 on the table; which 
was agreed to. 


UNFINISHED BUSINESS. 

Calendar No. 29, report of Committee on Counties and County 
Government, Mr. Austin for Committee, 

The pending question being the substitute offered by Mr. Prince 
and amendment. 

The question being put, the substitute was agreed to. 

Section 5 was then adopted as amended. 

Section 6 was adopted as reported by the Committee. 

Section 2. The Convention recurred to Section 2. 

Mr. B. R. TILLMAN moved the following as a substitute : 

Section 2. If two-thirds of the qualified electors voting in such election 
within each of the several parts of old Counties proposed to be formed into 
a new County shall separately vote “yes” upon such question, then the 
General Assembly shall establish such new County at its next session: Pro¬ 
vided , All precedent conditions prescribed by this Article have been com¬ 
plied with. If any of the parts of old Counties thus voting shall refuse to 
enter the proposed new County, such part shall not be incorporated therein, 
and such new County shall not be formed unless it otherwise conform to 
the requirements of this Article. An election upon the question of forming 
the same proposed new County shall not be ordered oftener than once in 
four years. 

Which was agreed to. 

The substitute was then adopted as Section 2. 

Mr. B. R. TILLMAN offered the following, to be known as Sec¬ 
tion 7 : 

The General Assembly may, upon petition of two-thirds of the qualified 
electors of any township, or part of township, authorize them to unite with 
any other adjoining County. 

Mr. ROGERS introduced the following, to be known as Section 7 : 

The General Assembly shall have the power to alter County lines 
at any time: Provided, That before any existing County line is altered 
the question shall be first submitted to the qualified voters of the territory 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 397 


proposed to be taken from one County and given to another, and shall have 
received two-thirds of the votes cast: Provided, further, That the change 
shall not reduce the County from which the territory is taken below the 
limits prescribed in Sections 3 and 4 of this Article. 

Mr. B. R. TILLMAN accepted the proposed Section of Mr. Rogers 
in lieu of his own. 

After debate by Messrs. Rogers, W. J. Montgomery, W. C. Smith, 
Stanyarne Wilson and Sheppard, 

Mr. J. S. GLENN offered the following as an amendment to the 
proposed Section 7: Add the words “Provided, That the proper 
proportion of the existing County indebtedness of the section so 
transferred shall be assumed by the County to which the territory is 
so transferred.” 

Debate continued by Messrs. Haynsworth, Rogers, G. D. Tillman 
and Klugh. 

Mr. STANYARNE WILSON moved to lay the proposed Section 
7 and amendment on the table. 

The question being put, “Will the Convention agree thereto?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 52 ; nays, 85. 

Those who voted in the affirmative are : 

Yeas — Messrs. Aldrich, Alexander, Anderson, Ashe, Atkinson, 
Barker, Barry, Bates, Behre, Bellinger, Berry, Bobo, J. S. Brice, 
Bryan, Burn, Carver, Connor, Douglass, Ellerbe, Eloyd, Gary, 
J. P. Glenn, Gunter, Hay, Hemphill, Howell, Jervey, T. E. 
Johnson, E. J. Kennedy, Klugh, Lowman, McGowan, Mitchell, J. 
D. Montgomery, W. J. Montgomery, Nathans, Nicholson, Oliver, 
Parrott, Peake, Perritte, Prince, J. H. Read, Redfearn, Rowland, 
Russell, Smalls, Stokes, Stribling, Taylor, Wigg, and Stanyarne Wil¬ 
son.—52. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Austin, Bar¬ 
ton, Bowen, Bowman, Bradham, Breazeale, T. W. Brice, Buist, Cantey, 
Clayton, Cooper, Cunningham, Dennis, Derham, Doyle, Dudley, 
Estridge, W. D. Evans, Field, Fraser, Gage, Gamble, Garris, J. L. 
Glenn, Gooding, Graham, Gray, Harrison, Haynsworth, D. S. Hen¬ 
derson, Henry, Houser, Hutson, Irby, George Johnstone, IraB. Jones, 
Wilie Jones, Keitt, J. W. Kennedy, Lee, Lybrand, McCalla, McCown, 
McKagen, McMahan, Me White, Matthews, Meares, Miller, Moore, 
Morrison, Mower, Murray, Nash, Otts, Parler, Patterson, Patton, 
Ragsdale, I. R. Reed, Rogers, Rosborough, Scarborough, Sheppard, 




398 


JOURNAL OF PROCEEDINGS, 


Shuler, Sloan, A. J. Smith, Jeremiah Smith, R. E. Smith, W. C. 
Smith, Stackhouse, Sullivan, Talbert, B. R. Tillman, G. D. Tillman, 
Timmerman, Waters, Watson, Wells, Wharton, S. E. White, Wig¬ 
gins, W. B. Wilson, and Woodward.—85. 

Mr. BREAZEALE offered the following as a substitute for the 
proposed Section 7: 


Any township or part of a township may be taken from one County and 
added to another in the same way as provided for creating new Counties 
and subject to the same conditions and limitations imposed in this Article. 

The question being put, the substitute was rejected. 

Section 7 as amended by Mr. J. L. Glenn was then adopted. 

Mr. McKAGEN moved to strike out the proviso adopted in Section 
7 and substitute the following : 


Provided, That any township or part of a township seceding from a County 
shall be held liable for its just proportion of any past indebtedness of the 
County seceded from, and such proportion of indebtedness shall be col¬ 
lected by County seceded from. 

Mr. HEMPHILL presented the following account of Charles A. 
Calvo, Jr., which was read the first time and referred to the Committee 
on Contingent Accounts and Expenses : 


The State of South Carolina 

To Charles A. Calvo, Jr., Dr. 

1895. 

Oct. 23. To ptg 200 copies Convention Journal, Oct. 3 to 


Oct. 22, inclusive— 

56 L. P. pp. © $1.07.$59 92 

22 Brev. pp.=31 L. P. © $1.07. 33 17—$93 09 

To ptg 200 copies Convention Calendars, Oct. 4 
to Oct. 23, inclusive— 

36 pp. @ $1.07. 38 52 

To ptg 500 copies Permanent Journal, sigs. 19 to 
23, inclusive— 

50i L. P. pp. © $1.00.$50 25 

29| Brev. pp.=42 L. P. © $1.00. 42 00— 92 25 


To ptg 200 copies Calendar Nos. 42, 45, 46, 48, 49, 
50, 51, 52, and Articles from Committee on 
Engrossed Resolutions— 

40 pp. © $1.87.. 


74 80 










SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 399 


State of South Carolina, ) 

Richland County. $ 

Personally appeared before me Charles A. Calvo, Jr., who, being duly 
sworn, deposes and says that the above is a just and true account against 
the State of South Carolina, no part of which has been paid by discount or 
otherwise. 

CHARLES A. CALVO, Jr. 

Sworn to before me this 23d day of October, 1895. 

GEO. H. HUGGINS, [L. S.] 

Notary Public So. Ca. 

At 12 M., the hour fixed by the Convention for the consideration of 
Calendar No. 53, resolutions on the death of Hon. R. H. Hodges, 

Mr. W. D. EVANS moved that the Convention proceed to the con¬ 
sideration of the same ; which was agreed to. 

Mr. W. D. EVANS addressed the Convention as follows: 

Mr. President : ’Tis but right that this Convention should pause in its 
deliberations of the momentous questions under consideration to pay tri¬ 
bute to the memory of a deceased member. 

Robert H. Hodges, my late friend and colleague upon this floor, was a 
worthy descendant of a sturdy ancestry that has lived upon the soil of 
Marlboro County for near two hundred years. 

Gregg’s History of the Old Cheraws says : “ Among the earlier settlers 
were the Hodges; few families gave a larger number of soldiers to the 
cause of liberty. The late Capt. George Hodges of Marlboro was the last 
connecting link with that generation.” He was the grandfather of our 
departed colleague. His maternal ancestor, Philip Pledger, came to Marl¬ 
boro in 1754, bearing letters of introduction from Charles Irby, a justice of 
the peace in Amelia County, Va. He bought lands just above the Welsh 
settlement on the Pee Dee, and, together with his two sons, settled there, 
all three of whom cast their lot in with the patriots in their struggle for 
freedom, and rendered valuable service to the cause of liberty. 

Robert H. Hodges was a man of strong mind, sound judgment, and always 
battled for what he considered right with an energy and determination 
which was irresistible. He was a true friend, a loving husband and affec¬ 
tionate father. 

Mr. President, it is unnecessary for me to multiply words in enumerating 
the many virtues of my friend. The people of his County know him. They 
knew him to love him. They will remember him to honor. Faithful in 
every walk in life, he enjoyed the confidence of the entire people to the 
extent that few men have. 

I have been intimate with him in social circles, political affairs, and other 
works for the upbuilding and protection of the people, and in him the peo¬ 
ple ever had a faithful, a conscientious and a determined advocate. 

He has crossed over the river and now rests from the labors of a life well 
spent in the interest of his State, his County and his community. The 
entire people mourn his loss, and I, Mr. President, will ever cherish among 
memory’s records as one of my dearest treasures the thought that he was 
my friend and counselor. 



400 


JOURNAL OF PROCEEDINGS, 


Mr. ELLERBE addressed the Convention as follows : 

Mr. President and Gentlemen of the Convention: Having known 
the deceased for a number of years, and having been closely and inti¬ 
mately associated with his family, I beg your indulgence for a moment 
while uttering a word of sorrow at the loss of an acquaintance and valued 
friend. 

On last Tuesday as the news of his death scattered throughout the 
country many a tear was shed and many a heart was saddened as his friends 
heard for the first time that Bob Hodges was dead. 

To those who knew him it is not difficult to explain the cause of this sor¬ 
row. Coming from a family whose very name is synonymous with gen¬ 
erosity and hospitality, his was as kind a heart as ever beat in human breast. 

About three months ago, shortly after the nomination of delegates to 
this Convention, 1 asked one from his County how it was that he ran so well 
in the primary, getting nearly every vote. The reply was: “Why, Bob hasn’t 
an enemy in Marlboro County.” That was to my mind proof of extraordinary 
character when I remembered the history of his life for the last few years. 

“ Not an enemy in Marlboro County,” and yet twice elected Treasurer of 
that County since ’90 with all the bitterness we have had in this State. 

“Not an enemy in Marlboro County,” and yet lecturer for his County 
Alliance at a time when that organization was despised by many people in 
South Carolina. I tell you it takes character to stand and command respect 
in times like these, and this I say the deceased had in an eminent degree. 
Sitting quietly in his seat as he did, few recognized the intrinsic worth of 
the man. 

Let me say in conclusion, Mr. President, that one who lives as he lived 
need not fear to die. 

Mr. BURN addressed the Convention as follows: 

Mr. President and Gentlemen of the Convention: Another chair 
draped in mourning gives notice that another member of the body has 
passed into the great beyond. 

A noble man, a generous spirit, has left the “temple of clay” to enter 
“the temple not made by hands. 

I knew Brother Robert H. Hodges as a County Alliance lecturer. In the 
cause of educating the people he was earnest, true and devoted. He was 
a man of splendid mind and a pure heart. In the cause of freedom, truth 
and religion he was capable of lofty flights of eloquence, and it seemed at 
times that his lofty spirit would fly away and join “the sweet immortal 
bands in the beautiful forever in the happy land of song.” 

“ He liveth long who liveth well, 

All else is life but flung away.” 

Such was the life of our brother whose form we shall see no more, whose 
voice we shall hear no more, whose tongue is still in death. 

Mr. ROGERS addressed the Convention as follows : 

Mr. President : Although this death has for the past several days 
been expected, the weight of grief I feel on the loss of a friend is not in 
the least obviated by reason thereof. My life-long friend is dead, and I 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 401 


would be untrue to the better impulses of my nature did I allow this oppor¬ 
tunity to pass without offering- my tribute to his memory. 

Mr. President, if there is oim upon this floor who is qualified to speak 
with confidence of the virtues and manly qualities which Robert Hayne 
Hodges exemplified in his life, that one is myself. We were born and 
reared upon adjacent plantations; our fathers’homes were just one mile 
apart, which in rural districts means we were “next door neighbors.” He 
attended his first school in my father’s home during the troubled times of 
the war, when I was but a babe. Later we attended school together at an 
academy in the neighborhood, the pupils being composed of his brothers 
' and sisters, and my brothers, sisters and cousins. Being near ten years my 
senior, I had the best of reason for appreciating a striking characteristic 
he then exemplified. He was always ready to take the part of the weak, 
and no large boy could impose upon or oppress a small one in his presence, 
thus giving promise in his youth of those qualities of manliness which 
with ripening manhood expanded and broadened into a noble man. The 
foundation of his character was deep, resting upon a high-minded sense of 
right and wrong. Hence he was devoted to truth, unswerving in princi¬ 
ple, broad in charity, and liberal in his opinions and judgments of others. 
In friendship true and faithful, he made many friends—and a friend once 
made he never lost—for he never gave a friend cause to mistrust him. Our 
friendship sir, begun in early youth, was never interrupted up to the day 
of his death, and I am to-day proud that I had the honor to know he was 
my friend. He at an early day gave evidences of a far more than ordi¬ 
nary intellect, and aroused in the minds of his relations and friends fond 
hopes of his future career of usefulness and honor. 

He was at an early day left an orphan, and hence his opportunities for a 
full development of his capabilities by a thorough education were cut off r 
but in spite of difficulties the fond hopes of his friends have been in large 
measure realized. I never knew a man who regretted more through life 
this fact—that he had not more thorough and complete training in his 
youth—or struggled harder to supply the want by his own exertions. 

Mr. President, I hardly heard of his death ere my mind reverted to a 
visit we paid in company, just before the convening of this Convention, to 
each of our old homes. When we were passing the spot where the old 
academy stood, he quoted these touching lines: 

“ Why do the friends of my childhood seem 
Restored a while in every pleasing dream ? 

Why do I joy the lonely spot to view, 

By artless friendship blessed when life was new f ’ 

Doubtless, sir, his mind was then filled with the same reflections which 
are now overpowering me, for others of our associates at that dear old spot 
had already “ gone before.” 

Sir, I am done; I can say no more; I am quite sure no other here can feel 
so deeply as I do the loss we have all sustained. He was my friend. 

Mr. B. R. TILLMAN addressed the Convention as follows : 

Mr. President : After listening to the eloquent and feeling tributes paid 
by his personal friends to the memory of our dead colleague, it would seem 
that there was no room for anything more to be said, but I should do myself 
26-500 



402 


JOURNAL OF PROCEEDINGS, 


a wrong if I remained silent on this occasion. I was not personally ac¬ 
quainted with Mr. Hodges until the assembling of this Convention, but as 
Chairman of the Committee on Suffrage, of which he was a member, I have 
had more or less intimate association with him during the first weeks of our 
session. While he was a very modest man and not disposed to press him¬ 
self forward, I had full opportunity to judge of his character and capacity, 
and I came to have a very high appreciation of both. He was a very clear 
reasoner, and in his discussion of matters before the Committee there was 
the fullest evidence of a thorough knowledge of men and affairs, while his 
patriotism and devotion to duty were always apparent. It, therefore, was 
natural that our brief acquaintance should have ripened into a feeling of 
friendship, and there was no member on this floor more shocked and 
grieved than I when the news of his untimely death was received. Mr. 
President, while this Convention has only been in session for a few weeks, 
we have been twice called upon to pause in our deliberations to take cogni¬ 
zance of the fact that “in the midst of life we are in death.” We have had 
to cease from turmoil and strife to recognize the presence of the messenger 
of fate—the angel of death—whose scythe is ever busy, cutting down now 
the budding flower, now the ripened grain. It should be a warning to us, 
Mr. President, that we should so shape our lives and conduct as to be pre¬ 
pared when our own summons shall come. Judging by what I have heard 
and known of our dead friend, few or none of us are better prepared than 
he was. In thus paying tribute to his worth as a man when alive, and his 
memory, now that he has passed from us, I but discharge a duty which is a 
pleasure. I could not do more, under whatever incentive; I could not do 
less, without repression of my honest feelings. \ 

The resolutions were unanimously adopted by a rising vote. 












404 


JOURNAL OF PROCEEDINGS, 


The Convention resumed the consideration of the amendment pro¬ 
posed by Mr. McKagen. 

Mr. D. S. HENDERSON moved to lay the amendment on the 
table ; which was agreed to. 

Mr. GARY moved to insert the word “five” after the word “ four,” 
before the words “of this Article/* in Section 7; which was agreed to. 

Section 7 as amended was adopted. 

Section 8. Mr. McGOWAN moved the following as Section 8 : 

No County seat shall he removed except by a vote of two-thirds of the 
qualified electors of said County in an election held for that purpose, hut 
such election shall not he held in any County oftener than once in five 
years. 

After debate by Messrs. McGowan and Clayton, the question being 
put, the Section was adopted. 

Mr. BELLINGER offered the following to be known as Section 9 : 

Each County shall constitute an election district. 

Which was agreed to. 

Mr. BUIST offered the following to be known as Section 10 : 

The General Assembly may provide for the consolidation of two or more 
existing Counties if a majority of the qualified electors of such Counties, 
voting at an election held for that purpose, shall vote separately therefor, 
but such elections shall not be held oftener than once in four years in the 
same Counties. 

Which was adopted. 

Mr. BUIST offered the following to be known as Section 11 : 

Each County shall elect a Sheriff, a Clerk of the Court, and a Coroner, 
Whose respective terms of office shall be four years, and whose powers and 
duties shall be defined by law: Provided, The Sheriff shall not be eligible 
to re-election until the expiration of four years. 

Mr. D. S. HENDERSON moved to strike out all after the word 
“Provided.” 

After debate by Messrs. D. S. Henderson, Wharton, G. D. Tillman, 
Stanyarne Wilson, Barker, Buist, George Johnstone and Stribling, 

Mr. STANYARNE WILSON moved to lay the proposed Section 
on the table ; which was agreed to. 

Mr. BUIST offered the following to be known as Section 12 : 

A chain gang shall be established in every County in the State: Provided , 
That this Section shall not prevent two or more Counties from consolidat¬ 
ing their respective chain gangs. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 405 


On motion of Mr. OTTS, the proposed Section was laid on the table. 

Mr. BUIST offered the following to be known as Section 13 : 

Each of the several townships of this State, with names and boundaries 
as now established by law, shall constitute a body politic, but this shall not 
prevent the Legislature from organizing other townships. 

After debate by Messrs. George Johnstone and G. D. Tillman, 

The pending question being the proposed Section 13, 

Mr. G. D. TILLMAN having the floor, at 2 P. M., the Convention 
receded from business until 8 P. M. 


RECESS. 

The PRESIDENT resumed the chair at 8 P. M. 

The pending question being the following, proposed by Mr. Buist, 
to be known as Section 13 : 

Each of the several townships of this State, with names and boundaries 
as now established by law, shall constitute a body politic; but this shall 
not prevent the Legislature from organizing other townships. 

Mr. GEORGE D. TILLMAN resumed the floor and continued his 
remarks, followed by Messrs. Russell, Houser, and Stanyarne Wilson. 

Mr. OTTS offered the following as a substitute for the proposed 
Section 13 : 

Each of the townships of this State, with names and boundaries as now 
or hereafter established by the General Assembly, shall be a body politic 
and corporate, and the General Assembly shall provide a uniform system 
of local government for the same, and require each township to contribute 
its proportional part of the proper expenses of an efficient County and 
State government. 

After debate by Messrs. Otts, Buist, Parrott, 

Mr. E. J. KENNEDY called the previous question on the whole 
matter ; which was agreed to. 

The following spoke in favor of the substitute : Messrs. Burn, 
Bowman and Derham. 

Mr. G. D. TILLMAN moved that all papers desired to be submit¬ 
ted by any member be printed in the Journal for the information of 
the members ; which was agreed to. 

The following documents were submitted and ordered printed in 
the Journal : 

By Mr. BARTON—Substitute for Section 13, proposed by Mr. 
Barton : 




406 


JOURNAL OF PROCEEDINGS, 


Each of the several townships of this State, with names and boundaries 
as now established by law, shall constitute a body politic, but this shall not 
prevent the General Assembly from organizing other townships or chang¬ 
ing the boundaries of those already established, and the General Assembly 
may provide such system of township government as they shall think 
proper. 

By Mr. CLAYTON— 

The General Assembly shall provide for the election or appointment of 
such County and township officers, not otherwise provided for, as may be 
necessary to an economical and efficient administration of County and 
township affairs, prescribe their duties, term of office and compensation, 
and in all cases where public funds are involved protect the same by requir¬ 
ing adequate bond and security from each official entrusted w T ith the cus¬ 
tody thereof. 

By Mr. TAYLOR— 

Mr. Taylor moves to amend Section proposed as Section twelve by add¬ 
ing to the end of the Section “ on changing the boundaries thereof as now 
or hereafter to be established.” 

REPORT OE STANDING COMMITTEE. 

Mr. FIELD, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report: 

The Committee on Contingent Accounts and Expenses, to whom was 
referred the account of Chas. A. Calvo, Jr., for $298.66 for printing for the 
Convention, respectfully report that they have carefully examined the 
same and recommend that it be paid. 

W. T. FIELD, Chairman, 

For Committee. 

Which was considered immediately, adopted, and the claim ordered 
paid. 


LEAVES OF ABSENCE. 

Mr. D. S. HENDERSON was granted leave of absence until Mon¬ 
day next. 

The pending question being the substitute proposed by Mr. Otts, 

On motion of Mr. IRBY, at 10.50 P. M., the Convention adjourned 
until 10 A. M. to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 407 


THIRTY-SECOND DAY. 


Friday, October 25, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 
LEAVES OF ABSENCE 

Were granted to Mr. Howell until November 4, to Messrs. Shep¬ 
pard, Rogers, Meares, Timmerman, McCalla, Sullivan, Perritte 
and Ragsdale until Monday next. 

UNFINISHED BUSINESS. 

Calendar No. 29, report of the Committee on Counties and County 
Governments (minority report), Mr. Austin for Committee. 

The Convention resumed the consideration of the proposed sub¬ 
stitute offered by Mr. Otts for the proposed Section 13 offered by Mr. 
Buist. 

[The proposed substitute and Section printed in the Journal of yes- 
terda}^.] 

Debate was continued by Messrs. J. D. Montgomery, Stokes, Whar¬ 
ton, B. R. Tillman, Breazeale, W. C. Smith, Haynsworth, Cooper and 
Stanyarne Wilson for the negative, and by Messrs. McMahan, Connor, 
Ira B. Jones, Miller and Geo. D. Tillman for the affirmative. 

The question being put: “ Will the Convention agree thereto ?” 
it was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 48 ; nays, 87. 






408 


JOURNAL OF PROCEEDINGS, 


Those who voted in the affirmative are : 

Yeas—Messrs, Barker, Bates, Berry, Bowman, Bryan, Buist, Burn, 
Connor, Derham, Doyle, Ellerbe, Estridge, Farrow, Floyd, Gage, 
Garris, J. L. Glenn, Graham, Gray, Gunter, Hay, Irby, George John¬ 
stone, Ira B. Jones, Keitt, McDermotte, McMahan, W. J. Mont¬ 
gomery, Moore, Nathans, Otts, Parler, J. H. Read, I. R. Reed, Ros- 
borough, Russell, Smalls, A. J. Smith, Jeremiah Smith, R. F. Smith, 
Stackhouse, G. D. Tillman, Timmerman, Wells, AVhipper, S. E. 
White, Wigg, and Woodward.—48. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Atkinson, Austin, Barry, Barton, Behre, 
Bobo, Bowen, Bradham, Breazeale, J. S. Brice, T. W. Brice, Cantey, 
Carver, Clayton, Cooper, Cunningham, DeHay, Dennis, Dent, Doug¬ 
lass, Dudley, Efird, W. D. Evans, Field, Fitch, Fraser, Gamble, 
Gary, J. P. Glenn, Gooding, Harris, Harrison, Haynsworth, Hemp¬ 
hill, Plenry, Houser, Howell, Hutson, T. E. Johnson, AVilie Jones, 
E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, Mc- 
Calla, McCown, McGowan, McKagen, McMakin, McAVhite, Matthews, 
Meares, J. D. Montgomery, Morrison, Mower, Murray, Nash, Nichol¬ 
son, Parrott, Patterson, Patton, Peake, Prince, Redfearn, Rowland, 
Sheppard, Sloan, AY. C. Smith, Stokes, Stribling, Sullivan, Talbert, 
Taylor, B. R. Tillman, Von Kolnitz, Waters, Wharton, Wiggins, 
Stanyarne Wilson, and AVinkler.—87. 

The question was then put upon the proposed Section 12 offered by 
Mr. Buist. 

The Convention refused to adopt the proposed Section. 

Mr. BARTON offered the following to be known as Section 11 : 


Each of the several townships of this State, with names and boundaries 
as now established by law, shall constitute a body politic, but this shall not 
prevent the General Assembly from organizing other townships or chang¬ 
ing the boundaries of those already established, and the General Assembly 
may provide such system of township government as it shall think proper. 


Mr. B. R. TILLMAN moved to amend as follows : Insert after the 
word “politic” the words, “and corporate which was agreed to. 

Also to add to the end of the Section the words “in any or all the 
Counties which was agreed to. 

The amendment of Mr. Barton as amended by Mr. B. R. Tillman 
was then adopted as Section 11. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 409 


Section 12. Mr. WELLS proposed the following to be known as 
Section 12 : 

Until changed by the General Assembly, as allowed by this Constitution, 
the boundaries of the several Counties shall remain as now established, 
except that the boundaries of the County of Edgefield shall undergo such 
changes as are made necessary by the formation of a new County from a 
portion of Edgefield, to be known as Saluda, the boundaries of which are 
set forth in a Constitutional ordinance. 

Which was agreed to. 

Mr. G. D. TILLMAN proposed the following amendment to be 
known as Section 13 : 

The qualified voters of each township shall elect, at such times and for 
such term of office as may be prescribed by law, a Township Clerk and 
Treasurer; also three discreet persons to be known as the Board of Town¬ 
ship Directors, who shall provide for the care of all paupers and lunatics in 
the township, assess all property in the township for taxation, and who 
shall have charge of the township roads, bridges and ferries, the public 
schools, appoint the managers of all Federal, State, County and township 
elections, shall register all qualified voters of the township, and shall dis¬ 
charge such other duties and receive such compensation for their services 
as the Legislature may prescribe. 

On motion of Mr. E. J. KENNEDY, the proposed Section was laid 
on the table. 

Section 9. Mr. WELLS moved to reconsider the vote whereby Sec¬ 
tion 9 was adopted on yesterday; which was agreed to. 

Mr. WELLS moved to amend by adding to the end of Section 9 
the words “and shall be a body politic and corporatewhich was 
agreed to. 

The Section as amended was adopted. 

Mr. B. R. TILLMAN moved to reconsider the vote whereby Sec¬ 
tion 2 was adopted on yesterday ; which was agreed to. 

Mr. B. R. TILLMAN offered the following substitute to Section 2 : 

If two-thirds of the qualified electors voting at such election shall vote 
“yes” upon such question, then the General Assembly at the next session 
shall establish such new County: Provided , No section of a County pro¬ 
posed to be dismembered shall be thus cut off without consent of a two- 
thirds vote of those voting in such section, and no County shall be 
formed without complying with all the conditions imposed in this Article. 
An election upon the question of forming the same proposed new County 
shall not be held oftener than once in four years. 




410 


JOURNAL OF PROCEEDINGS, 


The question being put, the proposed substitute was adopted as Sec¬ 
tion 2. 

Mr. McGOWAN moved to reconsider the vote whereby the Con¬ 
vention adopted the substitute of Mr. B. R. Tillman as Section 2 and 
to lay that motion on the table ; which was agreed to. 

Mr. BARKER moved to reconsider the vote whereby the Conven¬ 
tion had adopted Section 11 ; which was agreed to. 

Mr. BARKER then moved to amend Section 11 as follows • Add 
to the end of the Section the following words : “and may make special 
provision for municipal government and for the protection of char¬ 
tered rights and powers of municipalities;” which was agreed to. 

The Section as amended was adopted. 

The Article as amended was read the second time, adopted and 
ordered to be engrossed for a third reading to-morrow. 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
the Convention read the second time, adopted and ordered to a 
third reading to-morrow the Article as amended, and to lay that mo¬ 
tion on the table ; which was agreed to. 

Calendar No. 26, report of a part of the Committee on Counties 
and County Government (Mr. Otts for Committee,) was laid on the 
table. 

Calendar No. 27, report of the Committee on Suffrage. 

Section 1. Mr. MILLER offered the following : Strike out on 
page 1 all after the words “report of the Committee on the right of 
suffrage” and all on pages two, three and four. 

After debate by Mr. Miller, 

At 2 P. M., Mr. Miller having the floor. 

On motion of Mr. B. R. TILLMAN, the Convention receded 
from business until 7.30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7.30 P. M. 

The pending question being the motion of Mr. Miller to strike out 
all after the words “report of the Committee on Right of Suffrage” 
on pages one, two, three and four, 

Mr. MILLER resumed the floor and continued his remarks. 

On motion of Mr. E. J. KENNEDY, the motion was laid on the 
table. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 411 


Mr. A\IGG offered the following as a substitute for Calendar No. 
37, report of the Committee on Suffrage : 

Section 1. All elections by the people shall be by ballot. 

Section 2. Every elector shall be eligible to any office, but no person shall 
hold more than one office of trust and emolument at the same time, except 
officers in the militia, and notaries public. 

Section 3. Every citizen of the United States, twenty-one years of age 
and over, not laboring under any disability named in this Constitution, 
who shall have resided two years in the State, and one year in the County 
in which he offers to vote, and who can read a section in this Constitution, 
or who is a freeholder, or who shall return for taxation personal property 
in his own name valued at one hundred dollars or more, and shall be 
registered according to the law, shall be entitled to vote. 

Section 4. The General Assembly shall divide the several Counties in the 
State into election districts, and shall establish a voting precinct in each, 
but in no case shall an elector be required to go more than eight miles to 
vote or register, nor shall any precincts contain more electors than can be 
conveniently registered or voted within the time required by law. 

Section 5. There shall be a registration of all electors before every elec¬ 
tion, and a list of said electors who shall qualify shall be published and 
posted in such a manner as the General Assembly may direct, but in no 
case shall the registration begin more than sixty days, nor close less than 
thirty days, prior to any election, except to correct errors in the registra¬ 
tion, and in no case shall an elector be required to exhibit any certificate 
of registration, or any other instrument whatever, before he shall be 
allowed to register or vote: Provided, that a list of all electors qualified 
shall be published in the County, and a list of electors by district shall 
be posted at the precinct at which they are qualified to vote not less than 
twenty days prior to every election. 

Section 6. The right of appeal from the decision of officers of election 
shall not be denied or abridged, and all such appeals shall have precedence 
over all causes, and shall be heard and judgment given within seven days 
from the time the action is begun: Provided, That electors shall vote only 
at the precinct at which they are qualified, and that any elector shall have 
the right to be transferred from one precinct to another at any time before 
the registration is closed. 

Section 7. All elections shall be in plain view of the electors, and the 
right for political parties to appoint watchers or witnesses at the polls shall 
not be denied or abridged, and the counting of the ballot shall be in public. 

Section 8. No voter shall be required to deposit his ballot in more than 
one ballot box at any election, nor shall more than one ballot be used. 

Section 9. The following persons are disqualified from being registered 
or voting: 

First. Persons convicted of burglary, theft, arson, obtaining goods or 
money under false pretenses, perjury, forgery, robbery, bribery, embezzle¬ 
ment, bigamy, or crimes against the election laws: Provided, That the 
pardon of the Governor shall remove such disqualification. 

Second. Persons who are insane, idiots, paupers supported at the 
public expense and any persons confined in any public prison. 




412 


JOURNAL OF PROCEEDINGS, 


Section 10. For the purpose of voting, no person shall he deemed to have 
gained or lost a residence by reason of his presence or absence while em¬ 
ployed in the service of the United States, nor while engaged in the naviga¬ 
tion of the waters of this State, or of the United States, or of this State, or 
of the high seas. 

Section 11. The General Assembly shall provide by law for the registra¬ 
tion of all electors and shall prescribe the manner of holding elections and 
of ascertaining the result of the same: Provided, That there shall be 
elected by the qualified voters of each County at the first election held 
under this Constitution, and every two years thereafter, in such manner as 
shall be prescribed by law, three County Canvassers, two of whom shall be 
chosen by the party having the greatest number of votes at the preceding 
election, and one by the party having the next highest number, who shall 
hold office for two years, whose duty shall be to canvass the votes returned 
by the Managers of Election; and three District Managers of Election, who 
shall hold office for two years, whose duty shall be to register electors as 
shall be required by law, and who shall preside at all elections held during 
their term of office: Provided, further, That the Board of County Canvass¬ 
ers shall constitute the Board of County Registers: Provided, That at the 
first registration under this Constitution the registration shall be conducted 
by a board of three, to be appointed by the Governor as herein provided. 

Section 12. The General Assembly may provide by law for the holding of 
party primary elections and punishing fraud at the same. 

Section 13. Electors in municipal elections shall possess all the qualifica¬ 
tions herein prescribed, and the General Assembly shall provide for a spe¬ 
cial registration of voters for each municipal election. 

Section 14. Electors shall, in all cases except treason, felony or a breach 
of the peace, be privileged from arrest on the days of election during their 
attendance at the polls and going to and returning therefrom. 

Section 15. No power, civil or military, shall at any time interfere to pre¬ 
vent the free exercise of the right of suffrage in this State. 

Section 16. The General Assembly shall provide by law for the punish¬ 
ment of frauds at elections, bribery, intimidation and the neglect of duty 
of commissioner, managers and registrars of elections. 

After argument by Mr. Wigg, 

Mr. E. J. KENNEDY moved to lay the substitute on the table; 
which was agreed to. 

Mr. WHIPPER offered the following as a substitute for Calendar 
No. 37, report of the Committee on Suffrage : 

Section 1, All elections by the people shall be by ballot. 

Section 2. Every qualified elector shall be eligible to any office to be 
voted for. 

Section 3. Every citizen of the United States of the age of twenty-one 
years and upwards not laboring under the disabilities named in this Con¬ 
stitution and otherwise qualified shall be a legal elector. 

Section 4. The qualifications for suffrage shall be residence in the State 
one year and in the County sixty days before any general election. The 
General Assembly shall provide for the election or appointment of one reg- 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 413 


istrar for each County, who shall register all persons over the age of 
twenty-one years not disqualified by this Section. All registration under 
this Constitution shall commence six weeks before each and every general 
election and continue till within thirty days of the said election. They shall 
keep their office open at the Court House daily (Sunday excepted) from 10 
o’clock A. M. to 4 o’clock P. M. The following persons are disqualified 
from either registering or voting: those convicted of burglary, larceny, 
arson, highway robbery, bribery, adultery, embezzlement, bigamy and all 
crimes against the election laws, also idiots and insane persons and per¬ 
sons supported at public expense, and also persons confined in any public 
prison: Provided, That no person shall be entitled to register or vote who 
shall attain the age of twenty-one years after the first day of January, 1900, 
without being able to read and write. The General Assembly shall at its 
first session after adjournment of this Convention provide laws for the pun¬ 
ishment of all persons fraudulently obtaining registration certificates, ille¬ 
gally voting, or in any wise interfering with or attempting to prevent any 
person from the free and fair exercise of the elective franchise. 

Section 5. Any person denied registration shall have the right to appeal 
to any Court or Judge thereof to determine any question that may arise in 
consequence of such denial. 

Section 6. For the purpose of voting no person shall be deemed to have 
gained or lost a residence by reason of his presence or absence while 
employed in the service of the United States, nor while engaged in the 
navigation of the waters of this State or of the United States or on the 
high seas. 

Section 7. Each political party shall be represented on the Board of 
County Canvassers for each County; also on the Board of Managers at 
each precinct. 

Section 8. The several Counties in this State shall be divided into elec¬ 
tion districts, with one precinct at each of the same, at which alone the 
voters registered for that precinct can cast his ballot: Provided, That a 
voter may be transferred from one election district to another; but a 
change from one place to another in the same district shall not affect the 
status of the voter. 

Mr. WIIIPPER moved that debate be adjourned on his substitute 
until to-morrow ; which was agreed to. 

LEAVES OF ABSENCE. 

Mr. Moore was granted leave of absence until Tuesday next, Messrs. 
McKagen, Connor, Nash, Stackhouse, W. C. Smith and Gage until 
Monday next. 

The pending question being the substitute proposed by Mr. Whip- 
per, 

On motion of Mr. IRA B. JONES, the Convention adjourned at 10 
P. M. until 10 A. M. to-morrow. 


k 




414 


JOURNAL OF PROCEEDINGS; 


THIRTY-THIRD DAY. 


Saturday, October 26, 1 895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with 
prayer by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 

Mr. BOWMAN moved that when this Convention adjourn it stand 
adjourned until 11 A. M. Monday next; which was agreed to. 

PETITION. 

Mr. EFIRD (by request) presented the following petition, which 
was received as information, printing and reference dispensed with : 

Lexington, S. C., October 10th, 1895. 
To the Hon. John Gary Evans, B. B. Tillman, G. M. Ejird, J. L. Shuler, 
Bev. E. L. Lybrand, and all the other members of the Constitutional 
Convention: 

We, the undersigned, men and citizens of Lexington, believing like 
Henry Clay that it is better to be right than to be President, and also be¬ 
lieving that the cause of Woman’s Suffrage is right and just, we therefore 
hereby express to your honorable body our belief in and desire for the 
bestowal of the ballot upon the intelligent women of this State. 

We recommend such educational and property qualifications as you deem 
best, from your high standpoint of trust and responsibility, and as most 
consistent with the peace and safety pf all concerned, and the good of the 
entire country. 

J. G. Graichen, Clergyman. 

Edwin J. Dreher, Teacher. 

W. P. Roof. 

J. E. Hendrix. 

G. M. Harman, Editor and Publisher Lexington Dispatch. 

James W. Ogilvie. 

E. B. Roof. 

Simeon Corley, for universal suffrage. 

A. 0. Wilson. 

K. I. N. Hicks. 

F. C. Caughman. 

, J. S. Hendrix. 

S. A. B. Harman. 

Geo. Sawyer. 

B. F. Gross. 

J. W. Lee. 

P. H. Gross, for universal suffrage. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 415 


If we stand for nothing else, let us stand for our highest convictions of 
duty in relation to the equality of men and women—no sex in politics, 
government, or morals, and for the general good as the recognized aim of 
every individual. M. A. C. 


UNFINISHED BUSINESS. 

Calendar No. 37, report of the Committee on Suffrage. 

The Convention proceeded to the consideration of the substitute 
submitted by Mr. Whipper and printed in the Journal yesterday. 

Mr. WHIPPER proceeded to address the Convention. 

Debate continued by Mr. SMALLS. 

On motion of Mr. B. R. TILLMAN, further debate on this subject 
was adjourned until 7:30 P. M. Monday next. 

GENERAL ORDERS. 

Calendar No. 32, report of Committee on Militia. 

Section 1 was adopted as reported by the Committee. 

Section 2 was adopted as reported by the Committee. 

Section 3 was adopted as reported by the Committee. 

Section 4 was adopted as reported by the Committee. 

Section 5 was adopted as reported by the Committee. 

The Article was adopted as a whole and ordered engrossed for a 
third reading to-morrow. 

Calendar No. 38, resolution to limit expenses of administering 
estates (report unfavorable), Mr. Doyle. 

Mr. DOYLE moved that it be continued on the Calendar, and be 
taken up in consideration with the report of the Legislative Depart¬ 
ment ; which was agreed to. 

Calendar No. 46, report of Committee on Jurisprudence : 

Section 1 was adopted as reported by the Committee. 

On motion of Mr. BELLINGER, Section 2 was passed over. 

Sections 3 and 4 were adopted as reported by the Committee. 

On motion of Mr. BELLINGER, Section 5 was passed over for the 
present. 

Calendar No. 49, report of Committee on Rules. 

Mr. STANYARNE WILSON moved to amend by adding as Sec¬ 
tion 10 : 

One copy to each of the Clerks of Circuit Courts of this State. 

On motion of Mr. OTTS, the amendment was laid on the table. 



416 


JOURNAL OF PROCEEDINGS, 


Mr. I. R. REED moved to amend line 4 by striking out “one” and 
inserting in lieu thereof “two.” 

On motion of Mr. OTTS, the amendment was laid on the table. 

The report of Committee on Rules was adopted as presented by the 
Committee. 

On motion of Mr. STANYARNE WILSON, at 1:30 P. M., the 
Convention adjourned until II A. M. Monday next. 


THIRTY-FOURTH DAY. 


Monday, October 28, 1895. 


The Convention assembled at 11 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 

REPORTS OF STANDING COMMITTEES. 

The Committee on Engrossed Resolutions and Ordinances, to whom 
was referred an Article relating to the Militia, beg leave to report that 
the same has been correctly engrossed and revised. 

W. J. MONTGOMERY, for Committee. 

UNFINISHED BUSINESS. 

Calendar No, 46, report of Committee on Jurisprudence. 

Section 5, on motion of Mr. BELLINGER, was taken up out of 
its order. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 417 


The Section was adopted as reported by the Committee. 

Section 6. Mr. BELLINGER moved to amend as follows, by 
adding as Section 6 : 

In the case of any prisoner lawfully in the charge, custody or control of 
any officer. State, County or municipal, being seized and taken from said 
officer, either by force or strategy, by a mob or other unlawful assemblage 
of persons, and at their hands suffering bodily violence or death, the said 
officer shall be deemed guilty of a misdemeanor, and upon true bill found 
shall be deposed from his office pending his trial, and upon his conviction 
shall forfeit his office, and.shall, unless pardoned by the Governor, hence¬ 
forth be ineligible to hold any office of trust or protit within this State. It 
shall be the duty of the Prosecuting Attorney within whose district or 
County the offense may be committed to forthwith institute a prosecution 
against said officer, who shall be indicted and tried in such County, other 
than the one in which the offense was committed, as the Attorney General 
may elect. The fees and mileage of all material witnesses, both for the 
State and for the defense, shall be paid by the State Treasurer in such 
manner as may be provided by law. 

Which was agreed to. 

Section 2 was adopted as reported by the Committee. 

The Article as amended was read a second time, adopted and 
ordered engrossed for a third reading to-morrow. 

Mr: SHEPPARD moved to reconsider the vote whereby Calendar 
No. 46, report of the Committee on Jurisprudence, was ordered to a 
third reading ; which was agreed to. 

Mr. SHEPPARD moved that the further consideration be passed 
for the present; which was agreed to. 

GENERAL ORDERS. 

Calendar No. 43. Resolved, That the Secretary, the Sergeant-at- 
Arms and the Reading Clerk of this Convention be allowed the same 
compensation as is paid the Clerk, Sergeant-at-Arms and the Reading 
Clerk of the House of Representatives of this State. 

On motion of Mr. BELLINGER, was laid on the table to be taken 
up in connection with the report of the Committee on Contingent 
Accounts and Expenses. 

Calendar No. 50, report of the Committee on Finance and Taxation 
on a resolution requiring that all expenses of the Court of General 
Sessions for each County be paid by the State. (Report unfavorable.) 

On motion of Mr. IRA B. JONES, was passed to be taken up and 
considered in connection with the report of the Committee on Finance 
and Taxation. 

27-500 



418 


JOURNAL OF PROCEEDINGS, 


Calendar No, 52, ordinance relating to subscriptions by Greenville 
County to certain railroads. 

Mr. AUSTIN moved to amend as follows: “Provided the condi¬ 
tions upon which the vote was had be complied with by the railroad 
company or its successors." 

The further consideration of this number, on motion of Mr. GRAY, 
was continued for the present. 

Calendar No. 10, report of Committee on Legislative Department. 

Mr. DOYLE moved to amend as follows : 


Section —. The total cost and expenses of administering, partitioning, divi¬ 
sion or settlement of estates, or of foreclosing mortgages, shall never exceed 
ten per centum of the total value of estates or land to be administered, parti¬ 
tioned, divided or settled, or of the property covered by the mortgage, ex¬ 
cept where said total value is one hundred dollars or less, when said cost 
and expenses may be twenty per centum of said total value if the said 
twenty per centum does not produce over ten dollar's: Provided, That this 
prohibition shall not operate to defeat contracts or agreements for a greater 
amount made by the parties interested therein who are mi juris. 


Mr. DOYLE moved that further consideration of this report be 
postponed until 10 A. M. to-morrow; which was agreed to. 

No. 38, resolution to limit expenses of administering estates, on 
motion of Mr. DOYLE, was laid on the table. 

Calendar No. 23, an ordinance to authorize the issue of State bonds 
to enable the Counties of the State to do business on a cash basis 
(report unfavorable), Mr. D. S. Henderson. 

Mr. D. S. HENDERSON moved to lay on the table the unfavor¬ 
able report of the Committee ; which was agreed to. 

Section 1. Mr. D. S. HENDERSON moved to amend line 5 by 
striking out the words “ at the beginning of the next fiscal year 
which was agreed to. 

Mr. B. R. TILLMAN moved to amend lines 1 and 2 by striking 
out the words “his Excellencywhich was agreed to. 

The Section as amended was adopted. 

Section 2. Mr. D. S. HENDERSON moved to amend line 3 by 
striking out the word “ shall" and inserting the word “ may ;" which 
was agreed to. 

Mr. DUDLEY moved to amend line 1 by striking out the words 
“ they have" and inserting the words “it has;" which was agreed to. 

Also, line 2, by striking out the words “they are" and inserting the 
words “ it is ;" which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 419 


Mr. GEORGE JOHNSTONE moved to amend same Section, line 
7, after the word “expedient” insert the words “subject, however, to 
the provisions of the Constitution of this State;” which was agreed to. 

The Section as amended was adopted. 

Section 3. Mr. D. S. HENDERSON moved to amend as follows : 
Strike out at end of Section the words “ to meet the expenses of the 
ensuing fiscal year, 1895-96,” and insert in lieu thereof “to-be 
expended for said purpose ;” which was agreed to. 

Mr. B. R. TILLMAN moved to amend as follows : Lines 4 and 
and 5 by striking out the words “of the State” and inserting the 
words “ whose Counties are not now on a cash basis;” which was 
agreed to. 

Also, amend line 6 by striking out the word “the” before “ Coun¬ 
ties” and inserting the word “such;” which was agreed to. 

Section 3 as amended was adopted. 

Section 4. Mr. D. S. HENDERSON offered the following substi¬ 
tute : 

That the General Assembly is authorized and required in hereafter 
directing levies for taxes for ordinary County and school purposes, to base 
the same upon the intention of this ordinance to keep the Counties on a 
cash basis. 

The substitute was adopted as Section 4. 

Section 5. Mr. B. R. TILLMAN offered the following: Add to 
the Section : “ And upon notification by a Grand Jury of any County 
that any such officer has exceeded the authority given him, and made 
contracts which will create a debt against such County, the Governor 
shall remove such officer and his place be filled according to law.” 

After debate by Messrs. Sheppard, George Johnstone, B. R. Till¬ 
man, Clayton, Derham, D. S. Henderson and J. D. Montgomery, 
without action being taken on the amendment, the following was 
taken up : 

Calendar No. 32, report of the Committee on Militia. 

Which was read the third time, adopted and ordered referred to the 
Committee on Order, Style and Revision. 

The pending question being the amendment proposed by Mr. B. R. 
Tillman to Section 5, Calendar No. 23, to authorize the issue of State 
bonds to enable the Counties of the State to do business on a cash 
basis, 

On motion of Mr. SHEPPARD, at 2 P. M., the Convention re¬ 
ceded from business until 7:30 P. M. this day. 




420 


JOURNAL OF PROCEEDINGS, 


RECESS. 

The PRESIDENT resumed the chair at 7: 30 P. M. 

PETITION. 


Mr. BELLINGER presented the following petition, which was read 
and received as information : 


To Hons. John Gary Evans, President, and all other 

Members of the Constitutional Convention: 
We, the undersigned women of Barnwell County, earnestly urge upon 
you to give us the ballot with an educational or property qualification. 

We base our appeal on justice, we being subject to the burdens and pen¬ 
alties of government, and because, as tax payers, we have a right to repre¬ 


sentation. 

Mrs. Virginia D. Young. 
Mrs. M. M. Buckner. 

Mrs. Pauline Brunson. 
Mrs. Matilda Knight. 

Mrs. Iola K. Bessenger. 
Mrs. Lizzie M. Preacher. 
Mrs. Ida G. Jarrel. 

Mrs. Anna A. Bassett. 

Miss Ida M. Hair. 

Mrs. Geneva Barber. 

Mrs. Martha A. Craddock. 
Mrs. Hattie M. Fennell. 
Miss Minnie Fennell. 

Miss Donnie Fennell. 

Mrs. Nettie Fennell. 

Mrs. M. 0. Lanier. 

Mrs. L. P. Sindersine. 

Mrs. Mary E. Conally. 

Mrs. S. J. Grayson. 

Miss Maude Sindersine. 


Mrs. Dora Wilson. 

Mrs. Rivan Lipsey. 

Miss May Brunson. 

Mrs. Eliza Allen. 

Miss Edna Kearse. 

Mrs. Mamie P. Wilson. 
Mrs. Eliot Kessler. 

Mrs. Lucia B. Knight. 

Miss Minnie B. Hair. 

Miss Lily Kearse. 

Miss Ida E. Craddock. 
Miss Maggie Fennell. 
Miss Rhoda Fennell. 

Miss Laura Fennell. 

Mrs. S. M. Ogilvie. 

Mrs. M. Z. King. 

Miss Ada L. Sindersine. 
Mrs. Elizabeth Conally. 
Miss Ada Brunson. 

Mrs. Rebecca S. Williams. 


UNFINISHED BUSINESS. 

Calendar No. 37, report of the Committee on Suffrage. 

Mr. ANDERSON spoke in support of the substitute of Mr. Whip- 
per, printed in the Journal of Friday, October 25th, pages 6 and 7. 
Debate continued by Messrs. Burn and I. R. Reed. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 6; nays, 130. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Miller, I. R. Reed, Smalls, Whipper, and 
Wigg.—6. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 421 


Those who voted in the negative are : 

Nays—Hon. John G-ary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Atkinson, Austin, Barker, Barton, Bates, Behre, 
Bellinger, Berry, Bobo, Bowen, Bowman, Bradham, Breazeale, J. S. 
Brice, T. W. Brice, Bryan, Burn, Oantey, Carver, Clayton, Connor, 
Cooper, Cunningham, DeHay, Dennis, Derham, Douglass, Doyle, 
Dudley, Efird, Ellerbe, Estridge, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Fraser, Gamble, Garris, Gary, Gilland, J. P. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harris, Harrison, Haynsworth, Hemp¬ 
hill, D. S. Henderson, Henry, Houser, Hutson, Irby, Jervey, T. E. 
Johnson, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, J. W. 
Kennedy, Klugh, Lee, Lowman, McCalla, McCaslan, McCown, Mc- 
Dermotte, McGowan, McKagen, McMahan, McMakin, McWhite, 
Meares, Mitchell, J. D. Montgomery, W. J. Montgomery, Morrison, 
Mower, Murray, Nathans, Nicholson, Oliver, Otts, Parler, Patterson, 
Patton, Peake, Perritte, Prince, Ragsdale, J. H. Read, Rogers, Ros- 
borough, Rowland, Russell, Sheppard, Shuler, Singletary, Sloan, 
A. J. Smith, Jeremiah Smith, R. F. Smith, Smoak, Stackhouse, 
Stokes, Stribling, Sullivan, Talbert, Taylor, B. R. Tillman, G. D. 
Tillman, Timmerman, Von Kolnitz, Waters, Wells, Wharton, A. H. 
White, S. E. White, Wiggins, W. B. Wilson, Stanyarne Wilson, 
Winkler, and Woodward.—130. 

Section 1 was adopted as reported by the Committee. 

Section 2. Mr. BELLINGER, moved to amend as follows : By 
striking out “officers” on line 3 and inserting the words “ an officer ;” 
which was agreed to. 

Also, line 4, by striking out “ notaries ” and inserting the words 
“ a notary ;” which was agreed to. 

The Section as amended was adopted. 

Section 3. Mr. CLAYTON moved to amend line 3. After the word 
“it” and before the word “shall,” insert the words “and every 
female citizen of this State, and of the United States, twenty-one 
years of age and upwards, not laboring under the disabilities named 
in this Constitution, and who, in her own right, owns taxable property 
of the value of three hundred dollars.” 

After debate by Messrs. Clayton, Sloan, Hemphill, D. S. Hender¬ 
son, Burn, Timmerman and McWhite, 

The pending question being the proposed amendment of Mr. Clay¬ 
ton, 

On motion of Mr. B. R. TILLMAN, at 11 P. M., the Convention 
adjourned until 10 A. M. to-morrow. 



422 


JOURNAL OF PROCEEDINGS, 


THIRTY-FIFTH DAY. 


Tuesday, October 29, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted Mr. Estridge, on account of sickness. 

UNFINISHED BUSINESS. 

Calendar No. 37, report of the Committee on Suffrage : 

Mr. ROGERS moved to lay on the table the amendment proposed 
by Mr. Clayton to Section 3. 

Mr. ROGERS withdrew the motion to lay on the table, at the 
request of delegates who wished to speak to the amendment. 

Debate continued by Messrs. Talbert and Sligh. 

Mr. McCALLA called the previous question on this Section; which 
was agreed to. 

The following gentlemen spoke in favor of the amendment: Messrs. 
McMahan, Berry, Miller and G. D. Tillman. 

The following gentlemen spoke against the amendment: Messrs. 
Prince, Houser, Parrott, Rogers and Bryan. 

Mr. CLAYTON moved to reconsider the vote whereby the previous 
question had been ordered. 

The Convention refused to reconsider the vote. 

The question being put: “ Will the Convention agree to the 
amendment ?" it was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 26 ; nays, 121. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 423 


Those who voted in the affirmative are : 

Yeas—Messrs. Clayton, Cooper, Cunningham, Dudley, Ellerbe, W. 

D. Evans, Hemphill, Keitt, McMahan, Meares, Miller, J. D. Mont¬ 
gomery, W. J. Montgomery, Moore, Nicholson, Parler, Rosborough, 
Shuler, W. C. Smith, Stackhouse, Taylor, G. D. Tillman, Timmer¬ 
man, Whipper, S. E. White, and Wigg.—26. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Atkinson, Austin, Barker, Barton, Bates, 
Behre, Bellinger, Bobo, Bowen, Bowman, Bradham, Breazeale, J. S. 
Brice, T. W. Brice, Bryan, Buist, Burn, Cantey, Carver, Connor. De- 
Hay, Dennis, Dent, Derhame, Douglass, Doyle, Efird, Farrow, Field, 
Fitch, Floyd, Eraser, Gamble, Garris, Gary, Gilland, J. L. Glenn, J. P. 
Glenn, Gooding, Graham, Gray, Gunter, Hamel, Harris, Harrison, 
Hay, Haynsworth, D. S. Henderson, Henry, Houser, Hutson, Irby, 
Jervey, T. E. Johnson, George Johnstone, Ira B. Jones, Wilie Jones, 

E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, 
McCalla, McCaslan, McCown, McDermotte, McGowan, McKagen, 
McMakin, McWhite, Matthews, Mitchell, Morrison, Mower, Murray, 
Nash, Otts, Parrott, Patterson, Patton, Peake, Perritte, Prince, Rags¬ 
dale, J. H. Read, Redfearn, I. R. Reed, Rogers, Rowland, Russell, 
Sheppard, Singletary, Sligh, Sloan, Smalls, A. J. Smith, Jeremiah 
Smith, R. E. Smith, Smoak, Stokes, Stribling, Sullivan, Talbert, B. 
R. Tillman, Von Kolnitz, Waters, Watson, Wells, Wharton, A. H. 
White, Wiggins, Stanyarne Wilson, W. B. Wilson, Winkler, and 
Woodward.—121. 

On motion of Mr. SHEPPARD, at 2 P. M., the Convention 
receded from business until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

Calendar No. 37, report of Committee on Suffrage. 

Section 3 was adopted as reported by the Committee. 

Mr. SLIGH moved to reconsider the vote whereby the Section was 
adopted ; which was agreed to. 

Mr. SLIGH moved to amend as follows : 

Amend on line 21 after the words ‘‘therein imposed,” by adding the fol¬ 
lowing: “The General Assembly may, at any time after the first day of 
January, 1898, by legislative enactment, provide that every female citizen 




424 


JOURNAL OF PROCEEDINGS, 


of the United States twenty-one years of age and upwards, not laboring 
under the disabilities named in this Constitution, and, in addition to the 
qualifications required by it, owning property in this State assessed at three 
hundred dollars or more, shall be a legal elector.” 

After debate by Messrs. Sligh, D. S. Henderson and Wharton, 

Mr. E. J. KENNEDY moved to lay the amendmenton the table. 

The question being put: “ AYill the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 99 ; nays, 42. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Austin, Barker, 
Barton, Bates, Behre, Bellinger, Bobo, Bowen, Bradham, Breazeale, 
J. S. Brice, T. W. Brice, Bryan, Cantey, Carver, Connor, DeHay, 
Dennis, Douglass, Doyle, Efird, Farrow, Field, Fitch, Floyd, Fraser, 
Gage, Gamble, Gary, J. L. Glenn, Gooding, Gray, Gunter, Hamel, 
Harris, Harrison, Hay, D. S. Henderson, Henry, Houser, Hutson, 
Irby, Jervey, T. E. Johnson, George Johnstone, Wilie Jones, E. J. 
Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, McCalla, McDer- 
motte, McGowan, McKagen, McMakin, McWhite, Matthews, 
Mitchell, Morrison, Mower, Murray, Nash, Parrott, Peake, Perritte, 
Prince, Ragsdale, J. II. Read, Redfearn, I. R. Reed, Rogers, Row¬ 
land, Russell, Sheppard, Singletary, Smalls, A. J. Smith, Jeremiah 
Smith, R. F. Smith, AY. 0. Smith, Stokes, Stribling, Sullivan, Tal¬ 
bert, B. R. Tillman, Yon Kolnitz, AVaters, AYatson, Wells, Wharton, 
A. H. AYhite, AYiggins, Stanyarne AAMson, Winkler, and AYood- 
ward.— 99. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Bowman, Burn, Clayton, Cooper, Cunningham - , Derham, Dud¬ 
ley, Ellerbe, AY. D. Evans, Garris, Graham, Haynsworth, Hemphill, 
Ira B. Jones, Keitt, McCa'slan, McCown, McMahan, Meares, Miller, 
J. D. Montgomery, W. J. Montgomery, Moore, Nicholson, Otts, 
Parler, Patton, Rosborough, Shuler, Sligh, Smoak, Stackhouse, 
Taylor, G. D. Tillman, Timmerman, AYhipper, S. E. AVhite, AVigg, 
and W. B. AYilson.—42. 

Mr. GEORGE JOHNSTONE moved to amend line 3 by changing 
“a” to “an,” and by striking out the word “legal;” which was 
agreed to. 

The Section as amended was adopted. 

Mr. PATTON moved the following as a substitute for the report 
of the Committee : 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 425 


1. Every male citizen of the State of South Carolina of the age of twenty- 
one years, not laboring under disabilities named in this Constitution, who 
shall have resided in the State two years, and in the County in which he 
offers to vote one year next preceding any election, and who shall have paid 
all poll or other tax due by him to the State for the fiscal year preceding 
that in which he shall offer to vote; and who, in addition thereto, 

{a) shall be able to read the Constitution in English print and sign his 
name; or 

( b ) shall own in his own name and return for taxation property in this 
State to the amount of three hundred dollars ; or 

(c) shall have been engaged in the active military or naval service of the 
late Confederate States of America, or of the United States of America, dur¬ 
ing the late war between the States; or 

(d) shall be the lawful lineal descendant of a person who was engaged in 
such service, and shall be alive at the time of the adoption of this Consti¬ 
tution, shall be a qualified elector of this State, and, when duly registered, 
shall be entitled to vote for all officers that are now or may hereafter be 
elected by the people, and upon all questions submitted to the electors at 
any election. 

2. The General Assembly shall enact just and equal laws for the accurate 
registry of the qualified electors of this State, and they shall also establish 
convenient, fair and impartial tribunals to pass upon and determine the 
qualifications of persons offering themselves for registration as qualified 
electors. 

3. A popular government cannot exist without a pure ballot; the General 
Assembly, therefore, shall enact stringent laws for the regulation of the 
registry and elections of this State, with severe penalties for the violations 
of the same. Any person who shall willfully violate such laws shall, upon 
conviction, in addition to such penalties as the General Assembly may im¬ 
pose, be forever disqualified from voting and debarred from holding public 
office in this State; and the disabilities imposed by this Sectiou shall not be 
removed by the pardon of the Governor or by Act of the General Assembly. 

After debate by Messrs. Patton, Haynsworth. and Miller, 

Mr. PATTON moved to adjourn debate until to-morrow. 

Mr. B. R. TILLMAN moved that all proposed amendments and 
substitutes be offered and be printed in the Journal for .information of 
the delegates ; which was agreed to. 


REPORT OF STANDING COMMITTEE. 

The Committee on Engrossed Resolutions and Ordinances, to whom 
was referred an Article relating to Counties and County Government, 
beg leave to report that the same has been correctly engrossed and 
revised. 


T. E. DUDLEY, for Committee. 



426 


JOURNAL OF PROCEEDINGS, 


Mr. FIELD, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report, which was considered imme¬ 
diately and agreed to : 

The Committee on Contingent Accounts and Expenses respectfully 
recommend and submit to the Convention for consideration the following 
resolution. 

W. T. FIELD, Chairman of Committee. 

Fesolvedhy the Constitutional Convention of South Carolina, now assem¬ 
bled, 

1. That the clerks now employed by the Committees and in the Engross¬ 
ing Department be, and are hereby, dispensed with. 

2. That each be allowed as compensation the sum of two dollars a day 
from the date on which he began work, as ascertained by the Secretary of 
this Convention from the Chairmen of the several Committees; also 
five cents a mile for the distance actually traveled in going to and return¬ 
ing from home during the recess. 

3. That the Chief Clerk of the Engrossing Department be, and is, au¬ 
thorized to employ such clerical assistance as he shall actually need. 

Mr. Yeldell, Chief Clerk of the Engrossing Department, submitted 
the following, which was received as information : 


Governor John Gary Evans , 

President Constitutional Convention of South Carolina. 

I respectfully report that the Committees have finished, or have about 
finished, their work, and since the questions now before the Convention for 
consideration will engender lengthy debate, I am of the opinion that two 
clerks will be sufficient to do the work in the Engrossing Department to 
the end of the session. 

Respectfully submitted. 

Wm. h. yeldell, 

Chief Clerk Engrossing Department. 

October 29, 1895. 

PROPOSED AMENDMENTS TO SECTION 4 OF THE 
ARTICLE ON SUFFRAGE. 

By Mr. DUDLEY— 

Section 4. The qualification for suffrage shall be as follows : 

(a) Continuous residence next preceding any election in which the elector 
offers to vote, in the State two years, in the County one year, and in the 
election district six months, and payment of all legally assessed taxes, 
including poll tax, by those liable to taxation, next prior to such election. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 427 


( b ) Registration, which shall provide for the enrollment of every elector 
once in ten years. 

(c) TPhe Australian ballot system or some modification thereof shall be 
provided by the General Assembly. 

(d) Managers of election shall require of every elector offering to vote at 
any election, before allowing him to vote, proof of payment of all taxes, 
including poll tax, when due, assessed against him for the previous year. 

(e) Registration certificates when lost shall be renewed if the applicant 
is qualified under the provisions of this Constitution. 


By Mr. MONTGOMERY— 

Add a Section, to be known as subsection g, as follows: In addition to the 
vote provided for in subsection “ c,” each elector who has complied with the 
regulations prescribed in the other subsections of this Section, except that 
requiring him to be able to read and write any Section of this Constitution, 
who has paid at the tax-gathering next preceding any State, County or 
Federal election taxes on real and personal property, or either, of the 
assessed value of three hundred dollars or more, shall be entitled to one 
additional vote. The enforcement of this Section to be optional with the 
General Assembly after January 1, 1898. 

On line 13 strike out all the words after the words “voting age” in said 
line down to and including the word “officer” in the fourteenth line. 


By Mr. JERVEY— 

Mr. Jervey moved to amend Section 4, subdivision c } as follows : 

Strike out the words “ after January 1st, 1898,” on line 10. 

Strike out from word “ all,” on line 12, to “ elections,” on line 15, both 
inclusive, and insert in lieu thereof the following: “ Every person who 
now holds a valid registration certificate shall, upon presentation and sur¬ 
render of the same, be entitled to register and become an elector without 
reference to the foregoing requirements.” 

On motion of Mr. B. R. TILLMAN, at 10:45 P. M., the Conven¬ 
tion adjourned until 10 A. M. to-morrow. 




428 


JOURNAL OF PROCEEDINGS, 


THIRTY-SIXTH DAY. 


Wednesday, October 30, 1 895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted Mr. Timmerman; to Mr. Prince on 
account of sickness, aild. to Mr. Redfearn until to-morrow. 

UNFINISHED BUSINESS. 

Calendar No. 37, report of Committee on Suffrage, the pending 
question being the substitute proposed by Mr. Patton printed in the 
Journal of yesterday, page 4. 

Mr. McGOWAN spoke in opposition to the proposed substitute. 

After debate by Messrs. Bryan, Patton, Fitch and Ragsdale, 

Mr. D. S. HENDERSON called the previous question on the sub¬ 
stitute proposed by Mr. Patton to Section 4. 

The question being put : “ Will the Convention agree thereto ?" it 
was decided in the affirmative. 

The yeas and nays w r ere requested, and are as follows : 

Yeas, 94 ; nays, 47. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Atkinson, Austin, Barker, Barton, Behre, Bellinger, Berry, Bobo, 
Bowen, Bowman, Bradham, Breazeale, Bryan, Cantey, Carver, Con¬ 
nor, Cooper, Cunningham, DePIay, Dennis, Douglass, Doyle, Efird, 
Farrow, Field, Fraser, Gage, Gamble, Garris, Gary, J. L. Glenn, 
J. P. Glenn, Gooding, Graham, Gunter, Hamel, Harris, Harrison, 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 429 


Hay, Haynsworth, D. S. Henderson, Honser, Hutson, Jervey, T. E. 
Johnson, George Johnstone, Wilie Jones, Keitt, E. J. Kennedy, J. W. 
Kennedy, Lowman, Lybrand, McCalla, McCaslan, McCown, McKagen, 
McMakin, McWhite, Matthews, Meares, Moore, Morrison, Murray, 
Nasli, Nicholson, Parler, Patterson, Peake, Ragsdale, Redfearn, Ros- 
horough, Rowland, Russell, Scarborough, Singletary, W. C. Smith, 
Smoak, Stokes, Stribling, Sullivan, Talbert, Taylor, B. R. Tillman, 
Timmerman, Waters, Watson, A. H. White, S. E. White, Wiggins, 
Stanyarne Wilson, W. B. Wilson, and Woodward.—04. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Anderson, Bates, J. S. Brice, Burn, 
Olayton, Dent, Derham, Dudley, Ellerbe, W. D. Evans, Fitch, Floyd, 
Gray, Hemphill, Irby, Ira B. Jones, Klugh, Lee, McDermotte, 
McGowan, McMahan, Miller, J. D. Montgomery, W. J. Montgomery, 
Mower, Qtts, Parrott, Patton, Perritte, J. H. Read, I. R. Reed, 
Rogers, Sheppard, Shuler, Smalls, A. J. Smith, Jeremiah Smith, 
R. F. Smith, Stackhouse, G. D. Tillman, Von Kolnitz, Wells, Whar¬ 
ton, Whipper, Wigg, and Winkler.—47. 

The following gentlemen addressed the Convention in favor of the 
substitute: Messrs. Burn, Clayton, Jeremiah Smith, Sheppard and 
Parrott. 

The following gentlemen addressed the Convention in opposition to 
the substitute : Messrs. Lee, Farrow, Bradham and Bryan. 

During the address of Mr. Clayton, at 12:20 P. M., the PRESI¬ 
DENT called Vice President Ira B. Jones to the chair. 

The PRESIDENT resumed the chair at 1 P. M. 

At 2 P. M., the pending question being the substitute proposed by 
Mr. Patton, the Convention receded from business until 7:30 P. M. 
this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

Calendar No. 37, report of Committee on Suffrage, the pending 
question being the substitute proposed by Mr. Patton to Section 4. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 20; nays, 117. 




430 


JOURNAL OF PROCEEDINGS, 


Those who voted in the affirmative are : 

Yeas—Messrs. Bates, T. W, Brice, Burn, Dent, Graham, Jervey, 
Wilie Jones, Klugh, McDermotte, W. J. Montgomer}^ Parrott, Pat¬ 
ton, Perritte, J. H. Read, Russell, Sheppard, Jeremiah Smith, 
Stackhouse, Sullivan, and Wigg.—20. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Austin, Barker, Barton, Behre, Bellinger, 
Berry, Bobo, Bowen, Bowman, Bradham, Breazeale, J. S. Brice, 
Bryan, Buist, Cantey, Carver, Connor, Cooper, Cunningham, DeHay, 
Dennis, Doyle, Dudley, Efird, Ellerbe, W. D. Evans, Earrow, Field, 
Fitch, Floyd, Fraser, Gage, Gamble, Garris, Gary, J. L. Glenn, J. P. 
Glenn, Gooding, Gray, Gunter, Hamel, Harris, Harrison, Hay, 
Haynsworth, Hemphill, D. S. Henderson, Henry, Houser, Hutson, 
Irby, T. E. Johnson, George Johnstone, Ira B. Jones, Keitt, J. W. 
Kennedy, Lee, Lowman, Lybrand, McCalla, McCaslan, McCown, 
McGowan, McKagen, McMakin, Me White, Matthews, Meares, Miller, 
Mitchell, J. D. Montgomery, Moore, Morrison, Mower, Murray, Nash, 
Nathans, Nicholson,- Oliver, Otts, Parler, Patterson, Ragsdale, Ros- 
borough, Rowland, Scarborough, Shuler, Singletary, Sloan, Smalls, 
A. J. Smith, R. F. Smith, W. C. Smith, Smoak, Stokes, Stribling, 
Talbert, Taylor, B. R. Tillman, G. D. Tillman, Yon Kolnitz, Waters, 
Watson, Wells, Wharton, Whipper, A. H. White, S. E. White, Wig¬ 
gins, Stanyarne Wilson, W. B. Wilson, Winkler, and Woodward.—117. 

Mr. PEAKE stated that he was paired with Mr. Derham; other¬ 
wise he would vote “no.” 

Mr. CLAYTON stated that he was paired with Mr. Prince; other¬ 
wise he would vote “yea.” 

Mr. ROGERS, having paired with Mr. Redfearn, announces that 
Mr. Redfearn would if present vote “no,” while he would vote 
“yea,” but explains that he is opposed to the educational and prop¬ 
erty qualification contained in either proposition, and will not vote for 
the passage of either as it stands. 

Mr. BRYAN moved, on behalf of the Committee, to amend as fol¬ 
lows : 

Section 4. Strike out on lines 3 and 4 after the word “payment” the 
words “ of any poll tax due six months before any election,” and insert in 
lien thereof the words “ six months before any election of any poll tax then 
due and payable.” 

Which was agreed to. 

Also, strike out lines 9, 10, 11 and 12, down to the word “ up ;” 
which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. ‘431 


Also, insert on line 13, after the word “ age " the words “ applying 
for registration ;" which was agreed to. 

Also, line 15, after the word “ registered " insert the words “ be¬ 
fore January 1st, 1898 ;" which was agreed to. 

Also, line 20, between “ to " and “ registration " insert the words 
“ any future ;" which was agreed to. 

Also, on line 25, before the word “taxes," insert the word “all ;" 
which was agreed to. 

Also, on line 25, after the word “taxes," insert the word “collect¬ 
able ;" which was agreed to. 

Also, on line 28, after the word “ him," insert the words “and col¬ 
lectable which was agreed to. 

Also, subdivision (b), line 8, add the words “and also an enroll¬ 
ment during each and every year, and every elector not previously 
registered under the provisions of this Article ;" which was agreed to. 

Mr. STANYARNE WILSON moved to amend by striking out sub¬ 
sections c and d, and inserting : 

“(c) The person applying for registration must be able to read and write 
any Section of this Constitution, or must be possessed of sufficient intelli¬ 
gence to understand and explain it when read to him by the registration 
officer.” 

After debate by Messrs. Wilson, VonKolnitz and B. R. Tillman, 

The question being put: “ Will the Convention agree thereto ?" it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 16 ; nays, 129. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Barry, Bobo, Bowen, T. W. Brice, Carver, 
Gray, Hamel, Henry, T. E. Johnson, Otts, Peake, J. H. Read, Row¬ 
land, Stanyarne Wilson, and W. B. Wilson.—16. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Anderson, Ashe, Atkinson, Austin, Barker, Barton, Bates, Behre, Bel¬ 
linger, Berry, Bowman, Bradham, Breazeale, J. S. Brice, Bryan, 
Buist, Burn, Cantey, Connor, Cooper, Cunningham, Dellay, 
Dennis, Dent, Douglass, Doyle, Dudley, Efird, Ellerbe, W. D. 
Evans, Farrow, Field, Fitch, Floyd, Fraser, Gage, Gamble, Gar¬ 
ris, Gary, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gunter, 
Harris, Hay, Haynsworth, Hemphill, D. S. Henderson, Houser, 
Hutson, Irby, Jervey, George Johnstone, Ira B. Jones, Wilie Jones, 
Keitt, E. J. Kennedy, J. W T . Kennedy, Klugh, Lee, Lowman, Ly- 




432 


JOURNAL OF PROCEEDINGS, 


brand, McCalla, McCaslan, McCown, McDermotte, McGowan, Mc- 
Kagen, McMahan, McMakin, Me White, Matthews, Meares, Miller, 
Mitchell, J. D. Montgomery, W. J. Montgomery, Moore, Morrison, 
Mower, Murray, Nash, Nathans, Nicholson, Oliver, Parler, Parrott, 
Patterson, Patton, Perritte, Ragsdale, I. R. Reed, Rogers, Rosbor- 
ough, Russell, Scarborough, Sheppard, Shuler, Singletary, Sligh, 
Sloan, Smalls, A. J. Smith, Jeremiah Smith, R. F. Smith, W. 0. 
Smith, Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, 
Taylor, B. R. Tillman, G. D. Tillman, Von Kolnitz, Waters, Watson, 
Wells, Wharton, Whipper, A. H. White, S. E. White, Wigg, Wig¬ 
gins, Winkler, and Woodward.—129. 

Mr. JERVEY moved to amend the same Section, subdivision (c), 
as follows : 

Strike out from word “all,” on line 12, to “electors,” on line 15, both 
inclusive, and insert in lieu thereof the following: “ Every person who 
now holds a valid registration certificate shall upon presentation and sur¬ 
render of the same be entitled to register and become an elector without 
reference to the foregoing requirements.” 

After debate by Mr. Jervey, 

Mr. BELLINGER moved to amend the amendment by inserting 
between the words “same” and “be" the words “or upon proof 
that he voted at the general elections of 1892 or 1894, or at the elec¬ 
tion held on the 20th day of August, 1895." 

After debate by Mr. Bellinger, 

The question being put, the Convention refused to adopt the 
amendment to the amendment. 

The question being put upon the adoption of the amendment pro¬ 
posed by Mr. Jervey : “ Will the Convention agree thereto ?” it was 
decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 12 ; nays, 126. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Bates, Dudley, Fitch, Jervey, Miller, J. 
H. Read, I. R. Reed, Smalls, R. F. Smith, Whipper, and Wigg.—12. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Atkinson, Austin, Barker, Barry, Barton, Behre, Bellin¬ 
ger, Berry, Bobo, Bowen, Bowman, Bradham, Breazeaie, J. S. Brice, 
T. W. Brice, Bryan, Buist, Burn, Cantey, Carver, Clayton, Connor, 
Cooper, Cunningham, DeHay, Dennis, Dent, Douglass, Doyle, Efird, 
Eilerbe, W. D. Evans, Farrow, Field, Fraser, Gage, Gamble, Garris, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 433 


Gary, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gray, Gunter, 
Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. Hen¬ 
derson, Henry, Houser, Hutson, Irby, T. E. Johnson, George John¬ 
stone, Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, J. W. Ken¬ 
nedy, Klugh, Lee, Lowman, Lybrand, McCalla, McCaslan, McCown, 
McDermotte, McGowan, McKagen, McMahan, McMakin, McWhite, 
Meares, Mitchell, J. D. Montgomery, W- J. Montgomery, Moore, 
Morrison, Mower, Murray', Nash, Nicholson, Oliver, Otts, Parler, 
Parrott, Patterson, Patton, Peake, Perritte, Ragsdale, Rogers, Ros- 
borough, Rowland, Russell, Scarborough, Shuler, Sligh, Sloan, A. J. 
Smith, Jeremiah Smith, W. C. Smith, Smoak, Stackhouse, Stribling, 
Talbert, Taylor, B. R. Tillman, G. D. Tillman, Waters, Wells, 
Wharton, A. H. White, S. E. White, Wiggins, Stanyarne Wilson, 
W. B. Wilson, Winkler, and Woodward.—12b. 

Mr. DUDLEY offered as a substitute for Section 4 the proposed 
amendment printed in the Journal of Tuesday, October 29, pages 5 
and 6. 

Mr. BRYAN offered, on behalf of the Committee, the following 
amendments to the report of the Committee on Suffrage : 

Insert on page 3, Section 7, line 4, at end of Section : “ nor while 
a student of any institution of learning which was agreed to. 

Also, strike out Section 5, page 3, and insert a substitute : 

(5.) “ Any person denied registration shall have the right to appeal to the 
Court of Common Pleas, or any Judge thereof, and thence to the Supreme 
Court, to determine his right to vote under the limitations imposed in this 
Article, and the General Assembly shall provide by law for the correction 
of illegal and fraudulent registration, voting and all other crimes against 
the election laws.” 

Which was agreed to. 

Also, strike out on page 3 all of subdivision (/) and insert in lieu 
thereof : 

(/) The General Assembly shall provide for issuing to each duly elected 
elector a certificate of registration, and shall provide for the renewal of 
such certificate when lost, mutilated or destroyed, if the applicant is still a 
qualified elector under the provisions of this Constitution, or if he has been 
registered as provided in subsection (c); 

Which was agreed to. 

Also, insert on page 4, line 3, Section 13, between the words “ are ” 
and “ qualified,” the word “otherwise which was agreed to. 

28-500 



434 


JOURNAL OF PROCEEDINGS, 


Also, substitute for Section 12 : 

Electors in municipal elections shall possess all the qualifications and be 
subject to all the disqualifications herein prescribed. The production of a 
certificate of registration from the registration officers of the County as an 
elector at a precinct included in the incorporated city or town in which the 
voter offers to vote is declared a condition prerequisite to his voting, and 
in addition he must have been a resident within the incorporated limits at 
least four months before the election, and have paid all taxes previously 
due. 

Also, insert in Section 13, page 4, on line 2, after the word “prop¬ 
erty” the words “of the assessed value of three hundred dollars ;” 
which was agreed to. 

Also, strike out on line 3 the words “ of the assessed value of three 
hundred dollars which was agreed to. 

Also, add to Section eight (8), line 9, page 3 : “ Provided, further, 
That this Section shall also apply to all municipal elections which 
was agreed to. 

Also, insert on page 4, Section 13, line 5, after word “ municipal,” 
the words “due and collectable;” which was agreed to. 

RESOLUTION. 

Mr. RUSSELL introduced the following resolution : 

Resolved , That the President of this Convention be, and he is hereby, 
authorized and requested to appoint N. 0. Pyles assistant mail clerk, who 
shall be paid during the remainder of the session the same per diem as that 
allowed to the mail clerk. 

Which was read the first time and ordered for consideration to¬ 
morrow. 

Mr. B. R. TILLMAN moved that all proposed amendments to the 
report of the Committee on Suffrage be printed in the Journal ; 
which was agreed to. 


AMENDMENTS OF THE REPORT OF THE COMMITTEE ON 
SUFFRAGE. 

All electors, otherwise entitled to the right of suffrage, by action of this 
Convention, and pay taxes on property to the amount of two hundred dol¬ 
lars or more, and who represent a family, as the head thereof, shall have 
the right to cast two votes in all elections of this State. 

* J. N. PARROTT. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 435 


Add the following as subsection “gr,”towit: “The General Assembly 
shall not impose any qualifications upon the right of registration not pre¬ 
scribed by this Article.” 

J. C. SHEPPARD. 

Section 4th, subdivision (c), line 18, strike out “ the other provisions,” 
and substitute instead “Section 6.” 

S. NASH. 


Amend Section 4, subdivision (e), by adding at the end thereof the fol¬ 
lowing: “But the production of a certificate of registration shall not be 
required.” 

R. D. LEE. 


Strike out all of subdivision “cZ” after the word “Constitution,” on 
line 24. 

Mr. ROGER 


Amend page 3, Section 6, line 5, by adding after the word “ bigamy” the 
following: “ wife-beating, desertion of wife and children.” 

S. W. GAMBLE. 


By Mr. BELLINGER - 

Amend Section 4, subsection (c) line 13, by inserting “any” in lieu of 
“ a,” and “ submitted to them” after the word “ Constitution,” so as to read 
“ any clause in this Constitution submitted to them,” etc. 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
the Convention agreed to adopt the report submitted by Mr. Field 
for the Committee on Contingent Accounts and Expenses which was 
printed in the Journal of yesterday on page 5 ; which was agreed to. 

On motion of Mr. GARRIS, at 10:45 P. M., the Convention 
adjourned until 10 A. M. to-morrow. 





436 


JOURNAL OF PROCEEDINGS, 


THIRTY-SEVENTH DAY. 


Thursday, October 31, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 
Indefinite leave was granted Mr. Jervey ; Messrs. Clayton, Moore, 
McCown, Parler and Garris until Monday ; Mr. Wharton until Tues¬ 
day. 


GENERAL ORDERS. 

Mr. FIELD moved to take up out of its order Calendar No. 55, 
report of Committee on Contingent Accounts and Expenses, relating 
to per diem and discharge of Committee clerks ; which was agreed to. 

After debate by Messrs. Field, Hemphill, Nicholson, Bryan, Fraser, 
Eitch, McMahan, A. J. Smith, Watson, Gunter and Stanyarne 
Wilson, 

Mr. STANYARNE WILSON moved to amend the report by add¬ 
ing to the end of Section 1 the words f£ except the clerk of the Com¬ 
mittee on Judicial Department.” 

Debate continued by Messrs. W. J. Montgomery and Talbert. 

Mr. MONTGOMERY moved to lay the amendment of Mr. Wilson 
on the table ; which was agreed to. 

Debate continued by Mr. George Johnstone. 

Mr. BOWMAN moved to indefinitely postpone the report of the 
Committee. 

The question being put: ff Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 67; nays, 68. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 437 


Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Anderson, Austin, Barker, Barry, Bellinger, 
Bowman, Bradham, J. S. Brice, Bryan, Burn, Cantey, Carver, Clayton, 
Cunningham, Dennis, Dent, Dudley, Farrow, Fitch, Fraser, Garris, 
Gary, Gooding, Hamel, Harrison, Hay, Haynsworth, Hemphill, 
Henry, Houser, Hutson, Irby, Jervey, George Johnstone, Ira B. 
Jones, Wilie Jones, J. W. Kennedy, Klugh, Lee, McCalla, McCaslan, 
McDermotte, McGowan, McMakin, Miller, Mitchell, Nathans, Oliver, 
Patterson, Perritte, J. H. Read, Redfearn, I. R. Reed, Rogers, Smalls, 
A. J. Smith, Jeremiah Smith, W. C. Smith, Talbert, B. R. Tillman, 
G. D. Tillman, Von Kolnitz, Waters, Whipper, Wigg, and Stanyarne 
Wilson.—67. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Barton, Bates, Berry, Bobo, Bowen, Breazeale, T. 
W. Brice, Buist, Connor, Cooper, Douglass, Doyle, W. D. Evans, 
Field, Floyd, Gage, Gamble, J. L. Glenn, Graham, Gunter, Harris, 
D. S. Henderson, T. E. Johnson, Keitt, E. J. Kennedy, Lowman, 
McCown, McKagen, McMahan, McWhite, Matthews, Meares, J. D. 
Montgomery, W. J. Montgomery, Moore, Morrison, Mower, Murray, 
Nash, Nicholson, Otts, Parrott, Peake, Ragsdale, Rosborough, Row¬ 
land, Scarborough. Sheppard, Shuler, Singletary, R. F. Smith, 
Smoak, Stackhouse, Stokes, Stribling, Sullivan, Taylor, Watson, 
Wells, A. II. White, S. E. White, Wiggins, Winkler, and Wood¬ 
ward.—68. 

Mr. GARY moved to amend by striking out the word “in,” online 
1, Section 1. 

The question being put, the Convention refused to strike out the 
word “ in.” 

Debate continued by Messrs G. D. Tillman and Burn. 

Mr. FITCH moved, to lay upon the table the report of the Commit¬ 
tee ; which was agreed to. 

Calendar No. 54, resolution relating to appointment of assistant 
mail carrier. 

On motion of Mr. RUSSELL, the resolution was laid on the table. 

Mr. E. J. KENNEDY moved to take up Calendar No. 51, an 
ordinance to permit the General Assembly to pass certain Acts in 
reference to railroad subscriptions in Chesterfield County ; which was 
agreed to. 



438 


JOURNAL OF PROCEEDINGS, 


Mr. E. J. KENNEDY offered the following as a substitute there¬ 
for : 

An Ordinance to Provide that the General Assembly May Enact 
Such Laws as May be Necessary to Validate and Carry Into 
Effect Subscriptions to the Capital Stock of Certain Railroad 
Companies Heretofore Voted by the County of Chesterfield and 
by the City of Spartanburg, Respectively, and to Validate and 
Authorize the Issue of Bonds in Payment of the Same. 

Be it ordained by the people of the State of South Carolina, in regular 
Convention assembled, That nothing in the Constitution ordained and 
established by the people of the State of South Carolina, now in regular 
Convention assembled, shall inhibit the General Assembly from enacting 
all such laws as may be necessary to validate and carry into effect the sub¬ 
scriptions to the capital stock of the Chesterfield and Lancaster Railroad 
Company, and to the Chesterfield and Kershaw Railroad Company, hereto¬ 
fore voted for and authorized by the qualified voters of said County, and 
to validate and authorize the issue of the bonds of said County in payment 
of the same; or from enacting all such laws as may be necessary to validate 
and carry into effect the subscription by the city of Spartanburg to the 
capital stock of the Spartanburg and Rutherfordton Railroad Company, 
heretofore voted for and authorized by the qualified voters of Spartanburg 
City, and to validate and authorize the issue of the bonds of said city in 
payment of the same. 

The substitute was adopted as Calendar No. 51. 

The substitute was then read a second time and ordered engrossed 
for a third reading to-morrow. 

UNFINISHED BUSINESS. 

Calendar No. 37, report of the Committee on Suffrage. 

Section 4. The substitute (printed in Journal of Tuesday, Octo¬ 
ber 29, pages 5 and 6,) of Mr. Dudley was then taken up. 

Mr. IRBY spoke against the adoption of the report of the Com¬ 
mittee. 

Mr. DUDLEY proceeded to address the Convention on his substi¬ 
tute. 

Debate continued by Mr. W. C. Smith. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 25 ; nays, 100. 

Those who voted in the affirmative are : 

Yeas—Messrs. Bates, Berry, T. W. Brice, Doyle, Dudley, Floyd, 
Gage, J. L. Glenn, Jervey, McDermotte, McMahan, J. D. Montgom- 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 439 


ery, W. J. Montgomery, Nathans, Otts, J. H. Read, Rogers, Ros- 
borough, Scarborough, Jeremiah Smith, R. F. Smith, W. C. Smith, 
Taylor, S. E. White, and Winkler.—25. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Ashe, Atkinson, Austin, Barker, Behre, Bel¬ 
linger, Bobo, Bowen, Bowman, Bradham, Breazeale, Bryan, Buist, 
Cantey, Carver, Connor, Cooper, Cunningham, DeHay, Dennis, Dent, 
Efird, W. D. Evans, Field, Fraser, Gamble, Garris, Gary, J. P. Glenn, 
Gooding, Graham, Gray, Gunter, Hamel, Harris, Harrison, Hay, 
Haynsworth, Hemphill, D. S. Henderson, Wm. Henderson, Henry, 
Houser, Hutson, T. E. Johnson, George Johnstone, Ira. B. Jones, 
Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Low- 
man, Lybrand, McCalla, McCaslan, McGowan, McKagen, McMakin, 
McWhite, Matthews, Meares, Mitchell, Moore, Morrison, Mower, 
Murray, Nash, Nicholson, Oliver, Parrott, Patterson, Ragsdale, I. R. 
Reed, Russell, Sheppard, Shuler, Singletary, Sloan, Smalls, A. J. 
Smith, Smoak, Stokes, Stribling, Talbert, B. R. Tillman, G. D. Till¬ 
man, Von Kolnitz, Waters, Watson, Wells, A. H. White, Wigg, 
Wiggins, Stanyarne Wilson, and Woodward.—100. 

Mr. W. J. MONTGOMERY moved to amend same Section by 
adding as subsection “g” (printed in the Journal of Tuesday, Octo¬ 
ber 29, page 6.) 

Mr. W. J. MONTGOMERY amended his proposed Section by 
striking out at the end of the Section the words “after January 1, 
1898." 

Mr. W. J. MONTGOMERY proceeded to address the Convention 
on his proposed amendment. 

Debate continued by Messrs. Wells and Burn. 

The question being put, the Convention refused to adopt the amend¬ 
ment. 

Mr. PARROTT proposed the amendment which was printed in the 
Journal of Wednesday, October 30, page 8.) 

Mr. PARROTT addressed the Convention in support of his amend¬ 
ment. 

Debate was continued by Mr. Talbert. 

Mr. TALBERT moved to lay the amendment on the table; which 
was agreed to. 

Mr. SHEPPARD moved to amend by adding as subsection “g” 
as follows : “ The General Assembly shall not impose any qualifica¬ 

tion upon the right of registration not prescribed by this Article.” 

On motion of Mr. OTTS, the amendment was laid on the table. 



440 


JOURNAL OF PROCEEDINGS, 


Mr. LEE moved to amend by adding to the end of subdivision “e” 
the following : “But the production of certificate of registration 
shall not be required." 

Mr. LEE spoke in support of his amendment. 

After debate by Messsrs. Patterson and J. D. Montgomery, 

Mr. PATTERSON moved to lay the amendment on the table; 
which was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend subsection “ d,” 
line 21, by striking out the word “ may "and inserting in lieu thereof 
the word “ shall;" which was agreed to. 

On motion of Mr. SHEPPARD, at 2 P. M., the Convention receded 
from business until 7.30 P. M. this day. 


RECESS. 


The PRESIDENT resumed the chair at 7:30 P. M. 

Calendar No. 37, report of the Committee on Suffrage. 

Section 4. Mr. IRBY moved to discharge the special order and to 
take up out of its order 

Calendar No. 10, report of the Committee on Education. 

Mr. B. R. TILLMAN moved to lay the motion on the table. 

The question being put, the Convention refused to lay the motion 
on the table by a rising vote of 74 to 53. 

The question being put upon the motion of Mr. Irby to discharge 
the special order : “ Will the Convention agree thereto ?" it was de¬ 
cided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 52 ; nays, 86. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Berry, T. W. Brice, 
Burn, Cooper, DeHay, Doyle, Dudley, Ellerbe, W. D. Evans, Field, 
Floyd, Gage, Gamble, Gray, Hamel, Hemphill, Henry, Irby, Wilie 
Jones, Keitt, McCaslan, McDermotte, McMahan, McMakin, Meares, 
Miller, J. D. Montgomery, W. J. Montgomery, Otts, Parrott, Patton, 
Perritte, I. R. Reed, Rogers, Rosborough, Scarborough, Shuler, 
Sligh, Smalls, Jeremiah Smith, R. F. Smith, W. C. Smith, Stack- 
house, Stribling, Taylor, G. D. Tillman, Watson, Whipper, and 
Wigg.—52. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 441 


Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Austin, Barker, Barry, Barton, Bates, Behre, Bellinger, Bobo, 
Bowen, Bowman, Bradham, Breazeale, J. S. Brice, Bryan, Buist, 
Cantey, Carver, Connor, Cunningham, Dennis, Douglass, Efird, 
Farrow, Fitch, Fraser, Garris, Gary, Gilland, J. L. Glenu, J. P. 
Glenn, Gooding, Graham, Gunter, Harris, Harrison, Hay, Hayns- 
worth, D. S. Henderson, William Henderson, Houser, Hutson, T. E. 
Johnson, George Johnstone, Ira B. Jones, E. J. Kennedy, J. W. 
Kennedy, Klugh. Lee, Lowman, McCalla, McGowan, McKagen, 
McWhite, Matthews, Mitchell, Morrison, Mower, Murray, Nash, 
Nicholson, Oliver, Patterson, Peake, Ragsdale, J. H. Read, Redfearn, 
Russell, Sheppard, Singletary, Sloan, Smoak, Stokes, Talbert, B. R. 
Tillman, Von Kolnitz, Waters, WelJs, A. H. White, S. E. White, 
Wiggins, Stanyarne Wilson, Winkler, and Woodward.—86. 

Mr. ROGERS moved to amend subdivision “d” by striking out all 
after the word “Constitution” on line 22. 

Mr. ROGERS proceeded to address the Convention on his proposed 
amendment. 

Debate continued by Mr. B. R. Tillman, 

The pending question being the proposed amendment of Mr. 
Rogers, Mr. Miller having the floor on a question of personal privi¬ 
lege. 

On motion of Mr. BARKER, at 11 P. M., the Convention ad¬ 
journed until 10 A. M. to-morrow. 


THIRTY-EIGHTH DAY. 


Friday, November 1, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 







442 


JOURNAL OF PROCEEDINGS, 


The Journal of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted Messrs. Peake and J. H. Read ; until 
Wednesday to Mr. Ellerbe ; until Tuesday to Messrs. Cantey, Winkler, 
Bradham, W. J. Montgomery, Ira B. Jones, Sheppard, Woodward 
and Stribling; until Monday to Messrs. Fitch, Von Kolnitz, 
Meares, Ragsdale, T. W. Brice, Rosborough, S. E. White, Wells, 
Connor, Nathans, Carver, Houser, Stackhouse and Nash. 

Mr. W. D. EVANS moved that so much of the speech of Mr. B. R. 
Tillman delivered last night as relates to the history of the State be 
printed in the Journal; which was agreed to. 

Mr. MILLER resumed the floor and continued his remarks on a 
question of personal privilege. 

UNFINISHED BUSINESS. 

Calendar No. 37, report of the Committee on Suffrage. 

Section 4. The pending question being the proposed amendment to 
subdivision ( d) offered by Mr. Rogers and printed in the Journal of 
yesterday, page 6. 

Debate continued by Messrs. Talbert, A. J. Smith, D. S. Hender¬ 
son and Rogers. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 48 ; nays, 75. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Austin, Bowen, 
Buist, Burn, DeHay, Dennis, Dudley, Ellerbe, W. D. Evans, Field, 
Floyd, Graham, Gray, Hamel, Harrison, Hemphill, Wm. Henderson, 
Henry, Irby, T. E. Johnson, McDermotte, McMakin, McWhite, Mil¬ 
ler, J. D. Montgomery, Morrison, Murray, Otts, Peake, Perritte, I. R. 
Reed, Rogers, Rosborough, Scarborough, Shuler, Singletary, Smalls, 
A. J. Smith, Jeremiah Smith, W. C. Smith, Talbert, Whipper, Wigg, 
Wiggins, and Winkler.—48. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Barker, Barry, Barton, Behre, Bellinger, Berry, Bobo, Bowman, 
Bradham, Breazeale, J. S. Brice, Bryan, Cantey, Connor, Cooper, 
Cunningham, Dent, Douglass, Efird, Farrow, Fitch, Fraser, Gage, 
Gary, Gilland, J. L. Glenn, J. P. Glenn, Gooding, Gunter, Harris, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 443 


Hay, Houser, Hutson, George Johnstone, Wilie Jones, Keitt, E. J. 
Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, McCalla, 
McCaslan, McGowan, McKagen, McMahan, Matthews, Mitchell, 
W. J. Montgomery, Mower, Nathans, Parrott, Patterson, Redfearn, 
Russell, Sligh, R. F. Smith, Smoak, Stackhouse, Stokes, Sullivan, 
Taylor, B. R. Tillman, G. D. Tillman, Von Kolnitz, Waters, Watson, 
Wells, A. H. White, S. E. White, and Woodward.—75. 

Mr. IRA B. JONES stated that he was paired with Mr. Sheppard ; 
otherwise he would vote “no.” 

Mr. HAYNSWORTH stated that he was paired with Mr. McCown ; 
otherwise he would vote “ no.” 

Mr. D. S. HENDERSON stated that he was paired with Mr. 
Wharton ; otherwise he would vote “ no.” 

The amendment proposed by Mr. Bellinger, printed on page 8 in 
Journal of Wednesday, October 30, was withdrawn by Mr. BELLIN¬ 
GER. 

Mr. GEORGE JOHNSTONE moved to amend subsection (e), 
Section 4, by adding thereto : “ The production of a certificate or 

of the receipt of the officer authorized to collect such taxes shall be 
conclusive proof of the payment thereof;” which was agreed to. 

Mr. BRYAN, for the Committee on Suffrage, moved to amend 
line 11, subsection (c), by striking out the words “a clause” and 
inserting in lieu thereof the words “ any Section;” which was 
agreed to. 

Mr. STOKES moved to amend subsection (cl) by inserting after 
“Provided,” in line 21, the following words : “ The General Assem¬ 

bly may prescribe as an additional qualification.” 

Mr. B. R. TILLMAN addressed the Convention. 

The following is the address, which the Convention ordered to be 
published in full in the Journal : 

Mr. President and Gentlemen of the Convention: I regret that 
my physical condition is and has been such since Tuesday morning, 
coupled with enforced attendance upon this Convention, as to render me 
unable to arrange the data and prepare such a speech as 1 think the occa¬ 
sion requires. I also feel my inability in a physical way to accomplish 
what I shall undertake, but I will simply do the best I can. 

It has been well said that this is a momentous issue, that this Conven¬ 
tion of the people of the State to deal with the question of suffrage will 
mark an epoch in our history. I may further say that the question of suf¬ 
frage and its wise regulation is the sole cause of our being here. The 
prosperity, happiness and progress of this people depend upon its wise solu¬ 
tion. The very life of the State is involved in the wisdom or the unwis- 



444 


JOURNAL OF PROCEEDINGS, 


dom of our action. Why do I say this ? When the Southern Cross went 
down in battle and the hopes of the Southern Confederacy were laid in the 
grave of the “Lost Cause,” when we had struggled for four years with a 
bravery and patriotism and self-sacrifice unparalleled in history for the 
right of self-government, and for our rights under the Constitution as we 
conceived and understood them, what came to pass ? President Johnson 
appointed a Provisional Governor, and ordered a Constitutional Conven¬ 
tion to be convened to prepare the way for the State of South Carolina to 
re-enter the Union. That Convention assembled and adopted a Constitu¬ 
tion. Under it legislation was enacted; the “Black Code,” of which we 
have heard so much, was part of that legislation. Whatever may be said 
as to that “ Black Code,” it gave the Black Republicans, Thad. Stevens and 
his gang, excuse for their reconstruction deviltry. It was the only pre¬ 
tense they wanted, because these hell hounds, actuated by hate for the 
Southern people, were determined upon degrading us to the lowest level 
possible, and they had right at hand an instrument which the most fertile 
imagination, if it had been given a thousand years to concoct a scheme of 
revenge, could not have surpassed it. It was the presence among us of our 
ex-slaves set free by the results of the war. 

Actuated solely by the purpose to perpetuate the rule of the Repub¬ 
lican party, and with the hellish purpose of venting their rage and hatred 
upon a conquered people, they passed the Reconstruction Acts, and came 
very near impeaching Johnson because he had been moving forward con¬ 
trary to their will. And then they put in motion the forces of the army, which 
were already here to depose the civil government which we had established, 
to overthrow the fabric which we were trying to re-erect, and to put in its 
place the rule of the negro over the Anglo-Saxon. Canby, the Major Gen¬ 
eral in charge of this department, issued his orders calling for the election 
of delegates to a Constitutional Convention. And in effect he said to the 
Southern white men: “Attend to your material interests, the army will 
take care of your government; your help is not wanted, nor will your inter¬ 
ference be tolerated ”—and the radical ring-streaked and striped carpet¬ 
bagger Convention of 1868 assembled. The Constitution which they gave 
us was submitted to the vote of the people—to the negroes, in fact. All our 
then leaders, without exception, took the position that this action on the 
part of Congress and the United States army was outside of the Constitu¬ 
tion and must fall. They advised our Southern white men to remain at 
home and pay no attention to it; that it would drop of its own illegality; 
and the consequence was no white man participated in. the election to ratify 
the Constitution, It was pushed through at the polls, guarded all over the 
State by bayonets, and we were placed under the rule of our ex-slaves. A 
Legislature was elected under that Constitution, and an ex-army officer, 
Robert K. Scott, was elected Governor. The State House was filled with 
the minions of Black Republicanism, officered and led by white thieves, who 
came here for the express purpose of getting rich at the expense of our im¬ 
poverished and fallen people. 

The first Legislature under the Radical and carpet-bag regime met in 
November, 1868. It was composed in both branches exclusively, except 
from two or three white Counties, of carpet-baggers and negroes. I have 
attempted to get the figures as to the number of negroes in the four 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 445 


Legislatures which met during those eight years of misrule. I have not 
been able to do so; but my recollection of the statements made in the 
public press at the time is that there was a small majority of white men 
in the first, and in the second and third a large majority of negroes. I have 
the figures as to the fourth—1874-75—when there were fifteen Senators who 
were colored and sixty-one colored Representatives. 

Now, sir, to give a clear idea of the results of the rule of those peo¬ 
ple during those eight years of misgovernment and robbery, I must beg 
your pardon while I read some figures gathered by the Investigating Com¬ 
mittee, appointed by the General Assembly, which, in 1877, took up this 
question and gathered such testimony as would place on record for the 
benefit of future historians the facts as to the hellish work accomplished 
through Canby and his carpet-baggers who had been foisted upon this 
people by the bayonet. 


THE PUBLIC CREDIT. 

The amount of the public debt July, 1868, when the Radicals went into 
power, was $7,162,231, including bills of the Bank of the State. This was 
the honest debt of the State contracted prior to the war, and I do not 
hesitate to say here that before 1868, and up to that time, there was no 
State in this Union whose credit was superior to that which this State 
enjoyed in the money markets of London and New York. 

Now, sir, prior to 1868, under the system of government which had 
obtained and been in effect here from 1790, during the latter years, in the 
forties and fifties, the average expenditure of our State government for all 
purposes per annum was $400,000. Let us make some allowance, if you 
please, for the inflation of currency just after the war, and the increased 
value of articles which had to be purchased, and, if you wish, let us add 50 
per cent, to that as an average and reasonable estimate as to what it ought 
to have taken to carry on the government honestly ; that would make dur¬ 
ing the eight years, if you estimate $600,000 as necessary to carry on the 
State government, $4,800,000. What did these carpet-bagthievesand negroes 
collect in cash ? I will only give the aggregate items here. I hope the 
reporters will get them and print them for the benefit of the people of this 
State, as well as the people of the other States, The total amount for the 
eight years collected in cash by these men was $10,165,114. If you sub¬ 
tract $600,000 annually, it will make $4,800,000. If you please, put it five 
million, and you will see they collected an excess of $5,000,000 over and 
above the necessary expenses of the government. Did they stop there ? 
Let me read you a brief letter which our State Treasurer, who< is more 
familiar with this matter than I am, wrote me in answer to the inquiry I 
made yesterday : 

“ Hon. B. R. Tillman. 

“ Dear Sir: Under the Conversion Act of 1869, the Republicans issued $5,965,000 of 
Conversion Bonds in excess of old bonds surrendered, and there were no vouchers 
whatever for this excess. These fraudulent bonds are listed on the New York Stock 
Exchange to the shame, injury and disgrace of the State to this day.” 

They are quoted in every price list you see now as non-fundable South 
Carolina Bonds at one cent on the dollar. When the State Treasurer and 
myself went to New York three years ago and endeavored to refund your 



446 


JOURNAL OF PROCEEDINGS, 


debt, we were met by Henry Clews and his agents—Clews had been Kimpton’s 
partner in his scheme of robbery—and they dogged us all over New York 
city with the cry: “ Here, pay this debt which bears the seal of South 
Carolina, or you cannot get any recognition in this money market.” 

“They also fraudulently issued $1,000,000 bonds in 1868, ostensibly to pay interest 
on the public debt. The Act authorized the issue of one million, but they issued two 
millions, one of which was fraudulent. Another fradulent issue was one million for 
the relief of the Treasury in 1869. The assets of the Bank of the State and the rail¬ 
road shares held by the State in 1867, amounting to $7,069,674, disappeared after the 
first negro Legislature met in 1868, and the State had to issue $1,259,100 bonds to 
redeem bills of the Bank of the State in addition to the large amount of these bills 
received for taxes. For a statement of these frauds see pages 316-317, United States 
Census, 1880. 

“The plunder and destruction of the public funds and property by the negro Leg¬ 
islature and reconstructionists that came into power under the auspices of the Fed¬ 
eral Government is, perhaps, without parallel in the history of civilized countries. 
Money was raised by any and every means found available, with reckless disre¬ 
gard to cost and in violation of every principle of honesty and justice, not to be 
expended for legitimate public uses, but squandered and embezzled in a manner that 
defies description, and is almost incredible. This iniquity was accomplished by 
increased taxation upon onerous assessments of property, the issue of bonds, stocks 
and certificates in the name of the State by the Legislature, Governors, Treasurer 
and Speakers House of Representatives and financial agents, and by their sale and 
hypothecation at frightful reductions in value; by the payment of accounts for 
unnecessary public printing, for the enrichment of publishing companies ; for bills for 
legislative service; for wines, groceries and dry goods (these last alone amounting to 
$543,232); by the reproduction and repayment of warrants and coupons that had 
already been paid, but had never been cancelled, and even by the ‘raising’ of checks 
on public account by interpolation and alteration of figures, etc. 

“ Respectfully, 

“W. T. C. BATES, State Treasurer.” 

Now, this is a long story, Mr. President, and I shall not attempt to rehearse 
it in all of its details. I shall only attempt to jump from one mammoth and 
gigantic steal to another. I will not attempt to take them up chronologi¬ 
cally. I have not had the time to arrange the data. I will read here, for the 
benefit of this Convention, an extract from the report of the Investigating 
Committee, of which my distinguished colleague, Governor Sheppard, was 
a member, so you may see and learn some of the infamies practiced by these 
legislators and those in control of our affairs. 

The Committee says: 

“The legislative pay certificate was the fountain head and nursery of many of 
the frauds, forgeries and perjuries exposed in this report. Through this source the 
most flagrant violations of law were committed, whereby the State was annually 
robbed of amounts ranging from two hundred thousand to one million of dollars, 
including fraudulent printing certificates, which were collected and divided between 
the officials, Senators, members of the House, and political hangers-on of the admin¬ 
istration. To perpetuate the power and influence of the Republican party it was 
necessary to have a ready and unfailing reservoir of funds. No simpler or easier 
way suggested itself than the issuing of pay certificates by the Speaker of the House 
and the President of the Senate. Thus it became not only possible but practicable 
to perpetuate the numerous frauds in the public printing and supplies, to which we 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 447 


have already referred. Indeed, this, like the famous hydra, threw out its hundred 
heads, encircling and poisoning every department of the government, and giving 
comfort and support to local leaders. In its trail followed the low, despicable forger¬ 
ies and perjuries necessary to effect the end proposed. It is not surprising that the 
poor and ignorant members of the General Assembly fell into these practices, when 
they were conceived and brought forth by such adroit swindlers as those who led. 
This immense fund produced and nurtured a bond ring, a printing ring, and this 
legislative ring—the most popular and at the same time most unscrupulous. It is 
evident, from the testimony, that such a source of revenue as this was indispensable 
to silence any complaint, and to pacify the fears of the timid and the greed of the 
avaricious, whilst the other great rings were in successful progress. 

‘ ‘Among the many remarkable and famous leaders in this enterprise, without at 
all intending to disparage the claims of others, your Committee must mention the 
names of F. J. Moses, who issued and sold, and John J. Patberson, who became the 
purchaser. These two stand out in bold relief, as twin stars, shedding a baleful 
light upon all who approach them. The evidence which we append will fully justify 
the conclusion which your Committee has reached. The table submitted with this 
report shows, among other things, that in one session there was issued $1,168,255 in 
pay certificates (not including printing certificates), every dollar of which was a rob¬ 
bery, except about two hundred thousand dollars due the members of the Senate 
and House and regularly elected and appointed attaches of the General Assembly. 
The evidence of more than one witness shows that it was a race between the bond 
ring, composed of a limited number, and the General Assembly, as to who should 
receive the most of the money raised by taxation and the sale of bonds. It was de¬ 
cided that the greatest good could be accomplished by distributing the money to the 
greatest number, and members of the General Assembly, therefore, became the 
beneficiaries. An unlimited number of certificates were issued on the written or 
verbal order of the presiding officers, and the Chairmen of Standing or Special ^Com¬ 
mittees.” 

LEGISLATIVE SUPPLIES. 

Now', sir, I w T ill take up the question of supplies furnished the Legisla¬ 
ture. I beg again to read : 

“ The Committee respectfully invite attention to the evidence and vouchers sub¬ 
mitted with this report, under the head of ‘ Supplies.’ The abuses have been so 
great and of such a palpable nature that the most credulous person would h ardly 
believe that such frauds could be perpetrated under the forms of legislation. His¬ 
tory fails to cite an instance which can be compared with such a carnival of fraud 
and extravagance as has been held in South Carolina by and through the purchase 
of supplies for the members of the General Assembly. 

“ ‘ Under the head of Supplies,’ says Josephus Woodruff, Clerk of the Senate, ‘was 
embraced anything that a Senator chose to order. These orders were generally 
given through the Clerk, and the accounts were rendered against the Clerk of the 
Senate. At first the orders were moderate, and included only stationery and postage 
stamps, but they gradually increased until they assumed gigantic proportions. In 
the commencement of this business of furnishing members, they gave orders on the 
Clerks to deduct the amounts from their pay, but very soon the orders largely ex¬ 
ceeded their pay, and the accounts were then included in the report of the Commit¬ 
tee on Contingent Accounts, and pay certificates thus issued for almost every 
description of merchandise. 

“ In addition to this, pay certificates were drawn and turned over to the Chairman 
of the Committee on Contingent Accounts for collection and distribution. As the 
matters became common, the Senators claimed that all their expenses should be paid 
by the State, or, in the language of Senator C. P. Leslie, ‘ the State had no right to 
be a State unless she could pay and take care of her statesmen.’” 



448 


JOURNAL OF PROCEEDINGS, 


C. P. Leslie, I believe, was a negro. 

A Delegate : No, he was a white man. 

Senator Tillman : He was so much the bigger rascal then. 

Mr. Wigg (a colored delegate): All those you are reading about are white 
men. 

Senator Tillman : I will find you plenty of “nigs” after a while, Wigg # 
[Laughter.] 

The Committee further say, in their report : 


“ A room in the State House was fitted up wherein to serve ‘ wines, liquors, eat¬ 
ables and cigars ’ to State officials, Senators, members of the House and their 
friends, at all hours of the day and night. Woodruff’s evidence is that the largest 
bills were rendered for refreshments, including the best liquors and cigars, which 
were served up in a room adjoining that of the Clerk of the Senate, and kept open 
at all hours, and was visited daily by State officials, Judges, Senators, members of 
the House, lawyers, editors, newspaper reporters and citizens generally, irrespective 
of party, and that they discussed matters, State and National, in the most agree¬ 
able manner over their sparkling glasses. Not satisfied with the establishment of a 
bar room in the Capitol, they employed a porter, who had charge of the ‘ refresh¬ 
ment ’ room. The porter states that for six years the State House bar room was 
generally opened at eight o’clock in the morning and kept open until from two to 
four the next morning ; that during that time some one was constantly there eat¬ 
ing, smoking or drinking, and that Sunday formed no exception to the rule.” 

Now, sir, to show you the rapid development of taste and the extrava¬ 
gance of our statesmen of both colors, here is a table of contrasts as to 
what they thought they ought to have in 1869-70, and what they considered 
necessary to their comfort in 1871-72. 


1869-70. | 1871-72. 

In 1869-70, $5 clocks satisfied them, but in 1872 clocks went up to $600. 


Forty-cent spittoons in 1869, 
Four-dollar benches 
Straw beds 

One-dollar chairs 

Four-dollar pine tables 
Twenty-five-cent hat pegs 
Eight-dollar desks 
Ten-dollar office desks 
Fif ty-cent coat hooks 
Cheap matting 
Clay pipes 
Cheap whiskey 
Four-dollar looking glasses 
Two-dollar window curtains 

Five-dollar cornices 


as against $8 cuspadores in 1872. 

[as against $200 crimson plush sofas. 

las against sponge mattresses and ori- 
j ental pillows. [Laughter]. 

as against $60 crimson plush Gothic 
chairs. 

as against $80 library tables. 

as against $30 hat racks. 

as against $50 desks. 

as against $80 to $175 office desks. 

I as against $100 wardrobes. 

as against body brussels carpeting. 

as against the finest Havana cigars. 

as against champagne. 

as against $600 mirrors. 

as against $600 brocatel curtains, 
lambrequins. 

as against $80 walnut and gilt cor¬ 
nices. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 449 


Then follows itemized bills of legislative “Supplies,” showing every thing 
and anything that merchants anywhere ever bought and sold. Well, I 
reckon that is enough of that, I must move on. I am in so much filth that 
it is nearly up to my neck, and I do not want to get buried in it, or tire 
your patience. 

The next subject I take up is the public printing. I will give you some 
statistics collected by this Committee from the official records, showing the 
amount of printing, the money expended for printing during those eight 
years of negro domination: Sessions 1888-69, $.31,124; 1869-70, $45,000; 
1870-71, $152,465; 1871-72, $173,000; 1872-73, $450,000. That’s the highest 
point reached. We come down the next session, which cost $385,000, and 
then having got broke, having destroyed the credit of the State, having 
exhausted all means of bamboozling and fooling anybody to trust them, 
they got back to $50,000 a year for the last two years they were in power, 
during which period, as the gentleman from Beaufort said, Mr. Cardozo 
brought in his reform financial measures. The aggregate in the eight years 
is $1,326,589. This Committee tabulated from the archives of the State the 
amount expended by the State of South Carolina from 1790 to 1868 for public 
printing, and it aggregated only $609,000 for the seventy-eight years, show¬ 
ing an excess of cost of printing during the eight years of Republican ad¬ 
ministration over the seventy-eight previous years of $717,589. 

I told you a moment ago that in 1872-73 the amount expended for public 
printing was $450,000. The Committee also prepared another table of sta¬ 
tistics gathered from official sources by correspondence, showing the cost 
of printing for one year in the States of Louisiana, North Carolina, Missis¬ 
sippi, Florida, Alabama, Tennessee, Georgia, Texas, Missouri, Maryland, 
Virginia, Arkansas, Kentucky. They aggregated $278,241 for their public 
printing, as follows: 

PUBLIC PRINTING—YEAR 1877. 


Louisiana.$40,528 71 

North Carolina. 18,281 31 

Mississippi. 18,439 85 

Florida. 19,669 35 

Alabama. 17,000 00 

Tennessee. 11,402 60 

Georgia.— 12,904 00 

Texas. 31,163 47 

Missouri. 27,000 00 

Maryland. 25,000 00 

Virginia. 29,812 00 

Arkansas . 13,040 00 

Kentucky. 13,999 71 


Leaving a balance against our negro and carpet-bag rulers of $171,759 
necessary to defray the expenses of public printing. 

Now, sirs, how was this brought about? Here is the testimony of 
Josephus Woodruff, Clerk of the Senate, who, with A. O. Jones, Clerk of 
the House, and with Neagle, Comptroller General, were copartners in the 
firm of the Republican Printing Company. Woodruff says: 

“ When it became necessary to get appropriations through, I became aware of the 
absolute necessity of paying for the passage, and we added the estimate for these ex- 

29—500 

















450 


JOURNAL OF PROCEEDINGS, 


penses to the amounts of our accounts in order to save ourselves from loss. One-half 
or more of the total amount of appropriations for the Republican Printing Company 
was paid to State officials and members of the General Assembly. 

“ There were no specific appropriations then, and printing claims were paid out of 
any moneys in the treasury not otherwise appropriated. Even then it was almost 
impossible to obtain payment of our claims direct from the treasury. On presenta¬ 
tion of a claim, Mr. Parker would refer us to Mr. Neagle, who was the only party he 
knew had money. In this way we discounted our claims, frequently selling them at 
twenty-five and thirty cents on the dollar in order to cany on our work, which was 
very heavy. As an alternative we had to take Neagle into partnership. I submit 
here copy of partners lip agreement, dated July 1st, 1872, between Woodruff, Jones 
and Neagle, witnessed by Le Grand Benedict. When Cardozo took possession of the 
office of Treasurer I endeavored to perfect the same arrangement as to percentage 
that I had with Parker. He said that he had decided not to pay out any money for 
an object unless there was a specific appropriation. That necessitated the introduc¬ 
tion of a bill for the payment of our claims before the Legislature. An itemized bill 
was accordingly made, presented, passed upon by the Committee in both houses and 
an appropriation of §250,000 made for the payment of the claims of the Republican 
Printing Company. Governor Moses was paid §20,000 to sign the bill. 

In this connection it pains me to have to read, Mr. President, a document 
to he found in the Senate Journal, 1873, which is as follows: 

“Senate Committee Rooms, Columbia, S. C., October 30, 1873. 

“ The Committee on Printing, of the Senate, to whom was referred a Bill to make 
appropriations for the payment of the expenses of printing, have had the same under 
careful consideration, and beg leave to report : 

“ That the work ordered by Concurrent Resolution of the General Assembly at its 
last session is of highest importance to the State, not only because of the informa¬ 
tion that it affords the immigrant, but as furnishing a valuable record in history. 
The Committee examined specimens of a portion of the work now in progress, and, 
after a patient hearing of the Clerks of the two Houses as to the time, labor and 
expense involved, believe the appropriation asked for this purpose to be just and 
reasonable. 

“In regard to the appropriation for the payment of the printing of the Supreme 
Court decisions, the Committee, on reference to Chapter 104, page 495, Revised Stat¬ 
utes, find that while the Comptroller General is authorized to draw his warrants for 
the publication of these decisions, no appropriations have been made for the payment 
of the warrants, thereby rendering further legislative action necessary to authorize 
the Treasurer to pay for the work. 

“With reference to the last item of appropriation asked for by the Bill, the Com¬ 
mittee find that in the reassessment of property for the fiscal year 1873-74 the Comp¬ 
troller General ordered the reprinting of the blank tax assessments, tax returns and 
other necessary papers for carrying out the Act passed at the last session of the Gen¬ 
eral Assembly providing for a reassessment of the taxable property of the State, and 
the Committee are perfectly satisfied of the justness of this claim. 

“The Committee, in justice to the State Printers, also beg leave to state that they 
have carried on their work, as shown your Committee, at heavy sacrifices on account 
of the State Treasurer’s inability to meet the former appropriations made by the Gen¬ 
eral Assembly. Their contract has been faithfully observed and their work well and 
promptly executed. The Committee, therefore, recommend that the Bill do pass. 

“(Signed) ROBERT SMALLS, Chairman. 

THAD. C. ANDREWS, 

H. J. MAXWELL, 

C. D. HAYNE, 

B. F. WHITTEMORE.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 451 


The same Woodruff testified, and he brought his bank checks, and the 
Committee, in searching, went to the bank and found certificates of deposit 
to prove, that he had issued checks to bearer for the following amounts paid 
to Senators, beginning with Moses, the Governor, who was a native South 
Carolinian, $20,000, then to Neagle, who was their partner, $40,000, Melton 
& Chamberlain, $10,000, F. L. Cardozo, $12,500, and coming on down through 
a lot of Senators, $5,000 each, we find the name of Robert Smalls, and so on, 
aggregating $112,550 that they paid to that wing or branch of the General 
Assembly. A. O. Jones testified that he paid the House $55,000; so it seems 
that the House sold itself disreputably cheap as compared with those that 
presided at the other end of the Capitol. 

But listen again. They found that the $250,000, after paying out one 
hundred and eighty odd thousand of it, would not work, wouldn’t go around, 
so they made up a bill of deficiencies, amounting to $231,000. And Wood¬ 
ruff goes on and says: 

“For the payment of this amount certificates of indebtedness, which I have 
already alluded to, were ordered to he issued to the company. In order to effect this, 
as against the hitter opposition of the other ring, I again interested the Senators and 
paid them the following sums.” 

And here follows another list of $5,000, $2,000 and $1,000 down to $500 to 
this same blessed set of statesmen, aggregating $57,200, in addition to the 
$112,000 they had already received. No wonder that the printing account 
was $450,000 that year. I can produce the proof, for it is here, the testi¬ 
mony of the cashier of the bank as to the deposit of a certain check ou a 
certain day by Robert Smalls. I have here on my desk his pardon by the 
Governor in 1879, but it is unnecessary to exhibit it. fie disputes and 
denies his guilt. It is natural that he should. These people have forced 
me, by endeavoring to claim that it was white men and not negroes who 
did these wrongs, to unearth these records from our archives and bring 
them here and let the world know that these men who stand here and clamor 
for justice for their race perpetrated these damnable robberies as well as 
infamies when they were in power. 

PRINTING STEALS AND SMALLS’ CONNECTION WITH THEM. 

There are two transactions between Josephus Woodruff and Robert 
Smalls in the matter of public printing. 

One in the fall or the winter of 1870. In connection with this we quote 
from Woodruff’s testimony, page 215, Report on Frauds: 

“ He swears : ‘ In the fall or winter of 1870 the Carolina Printing Company was 
organized by Messrs. J. W. Denny, R. K. Scott, N. G. Parker, D. H. Chamberlain, 
J. W. Morris and L. Cass Carpenter. This company owned the Daily Union of 
Columbia and the Charleston Republican. Senator Leslie told Woodruff that ‘ the 
friends ’ in the Senate thought that, as this was a matter of Senate patronage, they 
should have a percentage of the profits from the printing. In order to carry out the 
wishes of ‘the friends,’ Mr. Leslie proposed that pay certificates for various 
amounts, ranging from three to five thousand dollars, for current printing be drawn, 
and one-third or one-fourth of the amount realized be given to the Chairman of the 




452 


JOURNAL OF PROCEEDINGS, 


Committee on Printing for division among ‘ the friends,’ including some fifteen or 
sixteen Senators. This system was carried out as long as moneys could be paid out 
of any sums in the treasury not otherwise appropriated, and was only checked and 
stopped when the law for specific appropriations and payments was enacted.’ 

“ The certificates were usually discounted at the South Carolina Bank and Trust 
Company, of which bank Governor R. K. Scott, Treasurer Niles G. Parker and 
Attorney General Chamberlain were stockholders. The checks in the hands of the 
Committee are but a portion of the amounts paid during the time of the above 
arrangements. The money was deposited to the credit of the Printing Company, 
and sometimes, according to the witness, division or gratification checks were drawn 
against deposits in the Carolina National Bank and Central National Bank, which 
checks, he supposes, are still held by these banks. The testimony of Woodruff, 
corroborated by the checks in the hands of your Committee, shows that the follow¬ 
ing named persons received the amounts severally annexed to their names under said 
arrangements.” 

Here are mentioned the names of twenty-eight Senators and Representa¬ 
tives who received amounts ranging from $50 to $5,000. Among them 
Senator Smalls received two checks, amounting to $250. 

L. N. Zealy, who was connected with the South Carolina Bank and Trust 
Company, (page 354, Report on Public Frauds), swears: 

“ I have also examined the following checks, payable to Robt. Smalls or order and 
R. Smalls or order, signed by J. Woodruff for Republican Printing Company, and 
find that they have been paid by the South Carolina Bank and Trust Company, and 
charged to the account of J. Woodruff for the Republican Printing Company, endorsed 
by Robt. Smalls, one bearing this additional endorsement: ‘ Pay to the order of J. C. 
Roath, Esq., cashier. Nathan Ritter, cashier.’ Which endorsement indicates that 
it has passed through the bank in Charleston for collection. 

“ No. 19.] Columbia, S. C., April 3d, 1871. 

“ South Carolina Bank and Trust Company of Columbia : Pay to Robt. Smalls or 
order $200. J. WOODRUFF, 

“For Republican Printing Company. 

“[Endorsed: Pay to the order of J. C. Roath, Esq., cashier. Nathan Ritter, 
cashier. Robert Smalls. Also the figures 138.] 

“No. 41.] Columbia, S. C., July 5th, 1871. 

“South Carolina Bank and Trust Company of Columbia : “Pay to R. Smalls or 
order fifty dollars ($50). J. WOODRUFF, 

“ For Republican Printing Company. 

“[Endorsed Robt. Smalls.]” 


THE $5,000 FRAUD. 

The second transaction between Josephus Woodruff and Robert Smalls 
was pertaining to the appropriation of $250,000 to the Republican Printing 
Company. 

The Senate Committee on Printing, of which Robert Smalls was Chair¬ 
man, and Thad. C. Andrews, H. J. Maxwell, C. D. Hayne and B. F. Wliit- 
temore were members, recommended that “the Bill do pass.” (Page 203 
Report on Frauds as quoted above). 

Josephus Woodruff testified (page 265, Report on Frauds) : “I can enumerate but 
a portion of the amounts paid on the passage of the appropriation of $250,000.” He 
here mentioned a list of thirty Senators and others receiving sums ranging from $50 
to $40,000, among whom is Senator R. Smalls, $5,000. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 453 


Josephus Woodruff continued: “ The above, which foots up a total of #112,550, 
does not include payments made by Mr. Jones to members and officers of the House 
of Representatives, which I feel assured would make at least 830,000 more. Add to 
this amount the then existing liabilities of the company, $80,000, and it will be seen 
the whole amount paid out of that appropriation was $217,550, leaving a balance of 
$32,450 for the support of the printing establishment and work of the session of 
1872-73. The work of this session was enormous. It is true that additional appro- 
pi iations of $50,000 for the current printing and $50,000 for the permanent printing 
of that session were made, but the amounts were not paid, nor provision made for 
payment, until the session of 1873-74, when certificates of indebtedness, receivable 
for taxes, were ordered to be issued to the Printing Company in payment of their 
claim.” 

Now, here is the evidence which fastens the bribery on Smalls: 

ZEALY’S TESTIMONY. 

“Lawrence N. Zealy, being recalled, says (Pages 360-361, Report on Frauds) : ‘ I 
have examined the following check, No. 17, payable to cash, signed by J. Woodruff, 
amounting to five thousand dollars : 

“No. 17. Columbia, S. C., January 19, 1873. 

“ South Carolina Bank and Trust Company of Columbia : Pay to cash or bearer 
five thousand dollars. 

“$5,000. “J. WOODRUFF. 

“[Endorsed ‘A,’ and the figures 584]. 

“And find on reference to Journal ‘A,’ page 437, of books South Carolina Bank and 
Trust Company, on Saturday, January, 1873, check for five thousand dollars, charged 
to J. Woodruff. The check bears date 19th January, 1873, and, the necessary amount 
of funds being to the credit of J. Woodruff, was charged to his account on Saturday, 
the 18th January, 1873, Sunday being the 19th January, 1873. I also find, in individual 
ledger, page 584, as designated on margin of Journal ‘A,’ page 437, the same amount 
charged to J. Woodruff, and that said check appears by following deposit slip, viz.: 


“South Carolina Bank and Trust Company, 
“Columbia, S. C., January, 18, 1873. 

“ Deposited by Hon. Robert Smalls. 


Gold. 

$ 5,000 


Currency... 

Checks W. . 

Total. 



“The above having been placed to the credit of the Hon. Robert Smalls, for, upon 
examination of Journal B, page 437, Saturday, January 18, 1873, I find the following 


entry : ‘Hon. Robert Smalls, credited five thousand dollars.’ And by reference to 
the following number (875) on said page 437 of Journal B, which number (875) refers 
to the number of the page on which the account headed ‘Hon. Robert Smalls’ 
appears, the following entry is found : ‘1873. January 18. By deposit, (No. 437), 
$5,000. (Individual Ledger.)’ Said deposit check, referred to above, bears the letter 
‘ W ’ after the word ‘ check,’ on same line, which indicates that the deposit made was 
a check ; and it was the habit of the officers of the bank, when a check was depos¬ 
ited by any person, to place the first letter of the maker of the check’s name upon 
the deposit slip. From the appearance of the letter ‘ W ’ and the entry in the books, 
I have no hesitation in saying that it refers to the check of J. Woodruff, charged 
on the same day to J. Woodruff’s account and placed to the credit of tlie Hon. 
Robert Smalls.” 





















454 


JOURNAL OF PROCEEDINGS, 


It has been claimed that, as January 19th, 1873, was Sunday, there is a 
mistake. It is evident, however, that this was simply a clerical error, 
likely to be made in any transaction, for the books of the bank show that 
the money was deposited on January 18th. However, it is conclusive, 
from the testimony of Zealy, that Smalls did receive the check, and that 
the check was fraudulent. 

LEGISLATIVE EXPENSES. 

The next tiling, after passing from this matter of printing, to which I will 
direct your attention, is the table prepared by the same Committee from the 
records covering legislative expenses. I will not attempt to tire the patience 
of this body by going over the figures; I will pick out items here and there, 
and print the whole for the information of those who shall read this expose. 
The number of clerks employed in 1870-71 was 349. We have beeft wrang¬ 
ling here to-day about keeping seven poor little fellows who came here to 
do clerical work. 1872, 176; 1873-74, 126, and so on through the list. They 
had 124 pages one session. [Laughter.] One for every member of the 
House. [Laughter.] They had 144 messengers one year and 212 another. 
The total amount expended under the head of legislative expenses during 
the first two years was $822,000; during the next year, $1,533,574; the next 
year, $908,855, and.the next year, $922,536. [The table referred to is folded 
in here.] 

GIGANTIC SWINDLES. 

Now, not satisfied that the taxes were five million more than were neces¬ 
sary, you will recall that the State Treasurer spoke of the disappearance of 
seven millions of assets belonging to the State, being the assets of the Bank 
of the State and the stock of the State in different railroads which she had 
lent her credit to. Here is what the Committee says about it: 

“Since the day of the coming of this man to South Carolina there has been perpe¬ 
trated upon the people of the State a series of frauds, great and small, many of which 
have been already made the subject of comment, and all of which mark out together 
an era challenging comparison for its infamy with any history within the period of 
modern times. In each case the familiar footprints of this man are to be seen and 
measured, and most to be found in the forefront of the mottled army of plunderers, 
as ‘the years of good stealing in South Carolina 7 have come and gone.” 

That was one of his bon mots which he got off, I suppose, in the State 
House bar-room, when he remarked that there were “five more years of 
good stealing in South Carolina.” This is the only record he has left here 
in the memory of these people. In a general way, if you ever hear his name 
mentioned, some one speaks and says: “Oh, yes, lie is the one who said 
that there were five more years of good stealing in South Carolina.” 

The Committee says further: 

“At that time the State owned large amounts of stock in various railroad com¬ 
panies in the State, which had been acquired in consideration of public bounties con¬ 
ferred upon these corporations, and also other property of various descriptions, which 
for the moment was not productive of income. The most direct method of securing 
the controlling interest was to procure legislation to authorize the sale of the stock 
held by the State in the Greenville and Columbia Railroad Company, and to this end 
the Act was passed creating the Sinking Fund Commission, composed of Governor 
Scott, Attorney General Chamberlain, Comptroller Neagle, the Chairman of the 
Committee of Ways and Means in the House, and the Chairman of the Committee on 
Finance in the Senate, and authorizing them to sell all unproductive property 
belonging to the State. Ostensibly the purpose of this Act was to dispose of the 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 455 


damaged granite and marble and other material lying around the State House 
grounds. The real purpose was consummated by the sale of 21,698 shares of stock in 
the Greenville and Columbia Railroad Company—which cost the State $20 per share, 
aggregating $433,960—at $2.75 per share, aggregating $59,969.50 This was followed, 
of course, by a sacrifice of the interest of the State in all other railroad corporations 
and the accumulation of a fund, all of which (in gross violation of the letter of the 
Act) was transferred to the Financial Agent and lost. The evidence hereto appended 
is conclusive that this Act was passed by bribery, the means for which were fur¬ 
nished by H. H. Kimpton. The stock was sold without advertisement on the day 
after the Bill was passed and approved, and without any action of the Commissioners 
either authorizing its sale or limiting the price at which it should be sold, and was 
paid for by Kimpton’s receipt as Financial Agent in New York for the amount of the 
bid. No money passed, and the fund transferred to Kimpton’s books was ‘sunk 
beyond recovery in the devious processes of hypothecation and general bond swind¬ 
ling. 

“After a majority of the stock in the Company was obtained by this arrangement 
and by purchases from private parties and the ring thus placed in control of its 
affairs, the scheme which was the objective point of the operation was brought into 
play in the shape of a ‘ Bill relating to the Greenville and Columbia Railroad Com¬ 
pany’ (prepared by Attorney General Chamberlain, and on the 17th day of February, 
1871, introduced by Timothy Hurley, one of the ring) for the purpose of a further 
issue of bonds and giving them a value in the market. * * * In the fifth Section 
of this Act will be found the gist of the matter. The State then held a lien for 
indemnity against her endorsement upon one million and a half of guaranteed bonds 
of this company, so that subsequent bonds would be of little or no value and could 
not be sold by the ring. By this Section the lien was postponed to bonds to be issued 
under a second mortgage, thus enabling the ring to divide and put their bonds on 
the market, whilst the only security held by the State was swept away and a con 
tingent debt of fifteen hundred thousand dollars fixed upon the State without 
indemnity.” 

Who were the partners in this swindle? “ The Financial Board was com¬ 
posed of Governor Scott, Treasurer Parker, and Attorney General Cham¬ 
berlain. Kimpton paid out of the proceeds of the sale of State bonds the 
money for a share and a half for Neagle, Comptroller General, who had the 
general supervision of the bonded debt; one share for Crews, who was 
Chairman of the Committee on Railroads in the House; one-quarter share 
for Cardozo, Secretary of State, who had the sealing of all the bonds; two 
and a half shares for Waterman, for Governor Scott; one-half share for 
Attorney General Chamberlain, and two shares for Kimpton himself, and 
one share for Leslie, Land Commissioner.” These are the men who stole 
all the State’s interest in the Greenville and Columbia Railroad, then had 
the Legislature, after they had gotten control of the railroad, to ; steal the 
balance from the widows and orphans and other stockholders of the State. 
They got their power to do these infamies through the members from Beau¬ 
fort and other negroes who misrepresented our people in those days under 
bayonet rule and carpet-bag government. One of these swindlers was 
Chamberlain ("bear it in your memories), who on his return to this State five 
or six years ago, as Receiver of the South Carolina Railroad, was received 
with open doors by society in Charleston. 

•Major Barker, of Charleston : “ Will the gentleman allow me to inter¬ 
rupt him for a moment ? Do I understand the gentleman to assert from his 





456 


JOURNAL OF PROCEEDINGS, 


own knowledge the statement that Chamberlain was received with open 
arms by the society of Charleston V’ 

Mr. Tillman : “ No, sir; I only judge by what I saw in the newspaper . 77 

Major Barker : “I beg leave to state on my authority that this is not 
true. 77 

Mr. Tillman : “ Thank God! Then the News and Courier lied on you 
(laughter), because I received the impression from reading in that paper 
during the residence of that infamous scoundrel in your city that he was 
received on terms of social equality everywhere he went. 77 

Major Barker : “ I hope the gentleman will accept my statement . 77 

Mr. Tillman : “ I thank God that you have been wronged and the good 
people of Charleston have been wronged in the minds of the balance of 
the State. 77 

Delegate Miller, of Beaufort, raising his right hand: “I hold up my 
right hand and swear that I saw the flower of Charleston society and the 
lawyers hobnobbing with Chamberlain in his car. If you want to swear 
me, do so, 77 still holding high his right hand. 

Major Barker (addressing himself to Senator Tillman): “ I would not 
have risen to notice your remark but for the fact that my silence would 
have been accepted as an admission by me of its truth, and I have no right 
by such silence to aid in casting any such reflection upon the society of 
Charleston.” 

Senator Tillman : “If I have done the people of Charleston a wrong I 
am sorry for it, but I am not responsible for the impression created, and I 
leave it to this Convention if it has not been the general belief throughout 
this State by those who read those papers that such was the fact.” 

THE IMPEACHMENT SWINDLE. 

The next steal to which I will direct your attention briefly is what is 
called the “impeachment swindle;” and again John J. Patterson shines out 
with an immoral pre-eminence as the prince of scoundrels. 

Again let the Investigating Committee speak: 

“The second noteworthy achievement of John J. Patterson, following that con¬ 
nected with the Columbia and Greenville Railroad Company, was in quite a different 
field of action. The investigations made into the management of the issuing, sale 
and hypothecation of State bonds made it plain that the Financial Board, composed 
of Governor Scott, Treasurer Parker and Attorney General Chamberlain, had fraud¬ 
ulently and illegally issued several millions of State bonds, and it was determined to 
bring these parties to trial by impeachment. C. C. Bowen, then a member from 
Charleston, on the 18th of December, 1871, introduced a resolution to impeach R. K. 
Scott of high crimes and misdemeanors. This was Patterson’s opportunity. With 
the assistance of Worthington, he gave encouragement by day to the friends of the 
measure, and by night worked upon the credulity of Scott, ‘running with the hare 
and holding with the hounds. 1 When the scheme was ripe, and Scott became 
thoroughly alarmed, he engaged the services of those worthies to buy up a majority 
of the members of the House, and issued to them for this purpose three ‘armed 
force 1 warrants, in blank as to amounts and names of persons to whom payable, 
leaving these important matters to be attended to by Patterson. In 1869 the Joint 
Resolution was passed authorizing the Governor to employ an armed force ‘for the 
preservation of the peace, 1 the expenses of which were to be ‘paid out of any funds 
in the treasury not otherwise appropriated. 1 It was from this convenient fund, then 
ready to hand, that the warrants were drawn—one filled up with the name of John 
Mooney for $25,545, another in the name of John Leggett for $10,600, and the third 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 457 


in the name of David H. Wilson for $13,500. All of these names are fictitious, hut 
were nevertheless endorsed on the warrants. The two first were collected by F. S. 
Jacobs, who was cashier of Hardy Solomon’s bank, and Patterson’s confidential 
friend. The third order was collected by Hardy Solomon, president of the bank. 
The financial arrangement thus concluded, Patterson and Worthington did their 
work faithfully, and with the money of the State bought for Scott and Parker im¬ 
munity for their crimes. 

“In the progress of this double-dyed villainy, it became evident that if an adjourn¬ 
ment over to the holidays could be effected, and the members then permitted to re¬ 
turn to their homes, where the sentiment of the people was unanimous against the 
thieves, it would require more money to purchase the recusant members than the 
State Treasury could afford. 

“Another source of annoyance to the financial ring was the report of the Joint 
Investigating Committee, which was already printed and ready for delivery, and 
which fully established their guilt. Whipper had the floor, and intended to speak 
until the hour of adjournment had arrived, and unless he could be seated the vote 
could not be had before adjournment. In this emergency the services of the Speaker, 
F. J. Moses, Jr., were secured by the payment of a large sum of money out of the 
militia fund, whereupon Samuel J. Lee, a ready tool of the ring, rose to a question 
of privilege, upon which Moses ruled promptly, and thus removed Whipper from 
the floor. Meantime, Governor Scott had issued a proclamation convening the Gen¬ 
eral Assembly on the day following the day fixed for adjournment, on the dignified 
ground that it was ‘neither decent nor proper, and is injurious to the State, for the 
General Assembly to adjourn from the 22d of December, 1371, to the 5th of January, 
1872, whilst the Governor and Treasurer are charged with high crimes and misde¬ 
meanors’. The high and chivalric tone of these two worthies, who could steal the 
money of the people by the millions, and yet could not brook the indignity of remain¬ 
ing under a threat of impeachment for a week, even for the sake of the joyous fes¬ 
tivity of Christmas, ought to have redeemed a multitude of sins. Under such 
threats and persuasions and preliminary trickery further debate was cut off, and 
the resolution of impeachment was defeated by an overwhelming vote—63 to 27. In 
this controversy R. B. Elliott bore a prominent part in behalf of the persecuted offi¬ 
cials, and received warrants on the ‘armed force fund’ to the amount of $10,500, 
which were fully paid to him out of the Treasury in January and February, 1872.” 

And then they go on and show how the warrants were paid. I notice 
here the name of W. J. Whipper, another delegate on this floor, whose 
pathetic appeal and eloquent portrayal of the consequences of our act 
should we pass the suffrage plan has been sent broadcast. Whipper’s name 
appears in a good light in the impeachment swindle. He was among those 
who were endeavoring to impeach Scott. He was on the floor, and the hour 
for adjournment was fixed by resolution. Speaker Moses took him off the 
floor after he had received $10,000 for doing it. And the negroes, who had 
been bribed in the meantime—Patterson got enough of them, buying them 
up cheap, paying the big ones $500 and $300, etc., and the small ones a less 
amount—voted down the impeachment resolution. 

I am sorry now I have to pay my respects to the gentleman from Beau¬ 
fort in another aspect. I believe, judging from his speech, which he made 
extemporaneously, he is the ablest man of color 1 have ever met; but the 
proof lies here, overwhelming and undeniable, that he, too, on divers occa¬ 
sions was a bribe-taker, and that, in addition to that, while Secretary of 
the Sinking Fund Commission he perpetrated a scheme to get some of the 
State’s money. He sold State property for $7,000, then he brought a bill 



458 


JOURNAL OF PROCEEDINGS, 


for services as attorney for $8,000, pocketed all lie had sold the property 
for, and brought the State out in debt to him. [Laughter.] 

I am sorry to have to bring this fact out on a member of this body, but 
that member stood here as a representative of the negro race and threat¬ 
ened us with direful consequences if we pressed forward to secure to our 
posterity immunity from such danger in future. I am forced, in self- 
defense and as a vindication of our action, to bring out the fact that while 
he was a representative of the people he participated in this wrong and 
robbery and stealage, and he must appear in the eyes of the world as 
simply wanting a possible return of John J. Patterson’s “fiveyears more of 
good stealing.” 

TESTIMONY AS TO W. J. WHIPPER’S VARIOUS DEFALCATIONS. 

Page 188 of “Report on Public Frauds .” 

Examination of John B. Dennis, continued. 

“ Regarding the contract for furnishing the State House, he says he never had any 
contract at all to do the furnishing. Says that in the summer of 1870, when Moses 
was Speaker of the House, Moses asked him if he would like to make the purchase 
of the furniture for the Hall of Representatives and the Committee rooms in the 
new State House, which was fast being completed. He replied he would like to do so. 
Speaker Moses gave him an order to furnish the necessary articles for fitting up the 
Representative Hall and Committee rooms. 

“ On the strength of this order witness contracted with M. H. Berry, of this city, to 
furnish the desks, chairs and everything that came in his line. Mr. Berry then pro¬ 
ceeded to New York with him, and took him to the manufacturers, where selections 
were made. Mr. Berry’s bill amounted to, as near as can be remembered, about 
$12,000. He purchased of Messrs. Stewart, Sutphen & Co., of Brooklyn, New York, 
the carpets, lambrequins, cornices, etc., that came within their line, and of Messrs. 
Nicol, Davidson & Co. chandeliers, cuspadores, etc., that came within their line. 
Does not remember the exact amount of their bills, but think the three accounts of 
Berry, Nicol & Davidson and Stewart, Sutphen & Co. aggregated about $40,000. 

“Byars, from Orangeburg, moved fora committee of nine to be appointed for the 
purpose of investigating the furniture account, which motion was carried, and he 
(Byars) became chairman of it. (Page 190). 

“When the call for reports from Special Committees was made, Byars rose and re¬ 
ported that the Committee had carefully considered the accounts for furnishing the 
House of Representatives and Committee rooms, and recommended that they be 
paid ninety-two thousand some hundred of dollars (does not recollect the exact 
amount), and that the account of W. E. Rose, for $190 for board of some of the work¬ 
men engaged in putting down carpets and putting up chandeliers, etc., be not paid. 
After this came a question as to how these certificates for payment of the ninety-two 
thousand dollars should be drawn, Byars being afraid if they were drawn to the mer¬ 
chants who furnished the goods that they would not endorse and hand over the 
certificates in excess of the amount due them. It was finally decided to draw 
them all in favor of witness, and let him take the amounts and hand over to the 
parties who furnished the goods, and endorse all of the others, and they could be dis¬ 
tributed among the friends of the ninety-two thousand dollar report. To this wit¬ 
ness consented, thinking in that way he could prevent the payment of all the certifi¬ 
cates except those justly due to parties who had in good faith furnished the goods. 
This was done, and witness went to Governor Scott and told him what he had done, 
and if he (the Governor) would now assist in having paid the amount actually and 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 459 


honestly due to the parties who furnished the goods, th9 amount being only about 
forty thousand dollars, that he (witness) would then go before any Court and swear 
that the excess in the hands of the members of the Legislature was a fraud, and 
ought not to be paid. Governor Scott said he could do nothing about it.” 

The witness testified that among the forty members amongst whom the 
certificates were divided “ W. J. Whipper received a certificate for himself 
for three thousand dollars.” (Pages 190, 191 and 192.) 

Later on (page 843) John B. Dennis further testified: 

“I think I have mentioned in my previous testimony that the amount of pay cer¬ 
tificate given to Whipper was $3,000. I remember distinctly that some time after¬ 
wards he complained that the warrant was less than he was to have received.” 

Page 844. “F. E. Wilder, being duly sworn, deposes and says : ‘I reside in Beau¬ 
fort County, in this State. I was Treasurer of that County from the early part of 

1871 to the latter part of 1872, and from some time in 1870 to the early part of 1877. 
In the spring of 1872 (I think some time in the month of March) I cashed several legis¬ 
lative pay certificates for W. J. Whipper, who was a member of the General Assem¬ 
bly from that County. I do not remember how many of them I cashed, but I think 
the amount was over $3,000.’ 

“House certificate, dated March 1st, 1872, in favor of Paul Brown, for $1,800, for 
amount of account for legislative expenses ; House certificate, dated February 29th, 
1872, in favor of Patrick Dunner, for $1,000, for amount of account for legislative 
expenses ; and House certificate, dated March 13th, 1872, in favor of W. J. Whipper, 
for $36, for per diem for attending as a member of the House of Representatives—all 
fastened together, and the latter endorsed ‘ 1748, F. E. Wilder, $2,836, March 29th, 

1872 ’—being shown to witness, he says : ‘ I think these are the certificates, or part 
of the certificates, I have mentioned I cashed for W. J. Whipper. I turned in these 
certificates to the State Treasurer as cash on account of taxes on the 29th of March, 
1872. I know that is the date I turned them in because that is the date of my receipt 
to the State Treasurer for the amount of them. I have this day examined my receipt 
at the State treasury. My receipt in the State Treasurer’s book is numbered 1748, 
corresponding with the number on the back of the certificate in favor of W. J. 
Whipper. I am entirely satisfied I got all these certificates from W. J. Whipper for 
this reason, amongst others : that the only persons whose claims I cashed that spring 
were Smalls, Myers, Bascomb, Nehemiah and Whipper, and none of these certificates 
were amongst the claims I cashed for the first four persons. Smalls’ claim was a 
Treasurer’s due bill; Myers’ claims were pay certificates, all drawn in the name of 
Myers ; Bascomb’s claims were two pay certificates, one drawn in his own name, 
and both amounting to only $300 to $400, and Nehemiah’s claim was a pay certificate 
drawn in his own name—according to my impression it was drawn in his own name— 
and was about for $200. I received no such certificates, such as those now shown to 
me, from anybody but Whipper, and therefore I say I am entirely satisfied that I 
got all of them from him. 

“(Signed) F. E. WILDER.’” 

THE FURNITURE STEAL. 

John Williams, being duly sworn, deposes on oath as follows : “I acted as Ser- 
geant-at-arms of the House of Representatives while F. J. Moses, Jr., and S. J. Lee, 
Esqs., were respectively Speakers of the House. It was part of my duty, under a 
resolution of the House, to purchase supplies for the House of Representatives by 
order of the Speaker. 

“While Moses was Speaker I purchased some bedroom sets and delivered them 
at the building of Mr. Greenfield, at the corner over Muller’s store, and furnished 
eight rooms. Two of them were occupied by Gen. W. J. Whipper.” Page 171. 





460 


JOURNAL OF PROCEEDINGS, 


“I know that large quantities of furniture were furnished by Mr. Berry each ses¬ 
sion ; that as soon as the General Assembly adjourned the furniture disappeared, and 
that I was compelled, under the order of the Speaker or some Committee Chairman, 
to refurnish all the rooms as soon as the Legislature met. I was told that it was my 
business to furnish the rooms ; that after that 1 had nothing more to do with them 
or the furniture in them ; consequently it was, in my opinion, stolen by parties who 
had charge of it.” 


SINKING FUND FRAUDS. 


The Joint Investigating Committee makes this report pertaining to the 
Sinking Fund Commission and frauds therein, (page 850, Report on Public 
Frauds): 


“ But for brazen effrontery we call attention to the transactions and testimony of 
W. J. Whipper, at one time a member and Secretary of this remarkable Commis¬ 
sion. He admitted in his testimony, with shameless audacity, that he had received 
certain State bonds and money which he appropriated to his own use. It seems that 
he was employed by the Commission at one time to negotiate the sales of some public 
property. He not only negotiated certain sales, but he converted the proceeds un¬ 
lawfully, and perhaps feloniously, to his own use, and when pressed for settlement 
appears with an account current, which, we venture, cannot be equalled in any 
business transaction. He sold property amounting to $6,517.99 and credits himself 
with $7,033.33 for professional services, although the evidence shows conclusively 
that he was never employed as attorney for the Commission.” 

Gen. W. J. Whipper, being sworn, says (page 851): “During the legislative terms 
embracing the sessions of 1870-1871 and 1871-1872 I was Chairman of the House 
Committee of Ways and Means and ex-officio a member of the Sinking Fund Com¬ 
mission. I was Secretary of the Commission for a portion of that time, succeeding 
J. L. Neagle as such. I have some bonds of the Sinking Fund Commission in my 
possession and one paper, the latter being a receipt of D. H. Chamberlain, then 
Attorney General, for a note of J. B. Dennis (receipt produced and turned over to 
Committee). The bonds are only constructively in my possession. They are in 
possession of Gen. Wm. Gurney as collateral for a loan made to me. I got the bonds 
in payment for a tract of land situate in Charleston sold to Henry Bischoff by me 
as Secretary of the Commission. I do not remember what class of bonds 
they were except that they were State bonds of one of the issues since 
reconstruction. The amount of them was $4,500 or about that amount. 
Gen. Gurney has had them since the summer of 1872. They were put up with a 
number of other collaterals to obtain a running loan. I was then doing business 
with Gen. Gurney, who was my factor at that time. I deem it proper to state 
that I was at that time Secretary and also attorney for the Commission both when 
I received the bonds and when I pledged them as collateral. The loans were for 
me individually. I have not seen Gen. Gurney about the bonds nor endeavored to 
procure them. * * * I claim a balance in my favor of $1,638.63, for which I hold 
the bonds above named. I have not with me the itemized particulars of my claims 
against the Commission. I claim nothing as Secretary or member. My claim is for 
actual expenses and as attorney’s fees, and amount to $8,156.62.” 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 461 


W. J. Whipper, in Account with Sinking Fund, State of South Carolina. 

[.Furnished the Committee by him.'] 


January. To amount received from city of Charleston, per sale of powder 

magazine; one third of $7,100. $2,368 00 

“ To amount received from H. Bischoff for lot of land on Line and 

Meeting streets, Charleston, one-third of $6,875. 2,291 66 

“ To amount received from J. S. Riggs for lot of land on Line 

street, one-third of $550. 183 33 

March. To amount received from A. McBee for State works and grounds, 

Greenville, one-third of $2,850. 950 00 

“ To amount received from Pleasant Barton, first installment of 

lease of State road, Greenville. 725 00 


$ 6,517 99 
Cr. 

1872. 

January. By auctioneer’s commission on $7,100 at 2% per cent. $ 177 50 

“ By auctioneer’s commission on $6,875 at 2% per cent. 171 87 

“ By auctioneer’s commission on $550 at 2% per cent. 13 75 

March. By auctioneer’s commission on sale of State works and State 

road, and papers, stamps and expenses. 206 37 

“ By cash paid for advertising in Charleston Courier. 242 75 

“ By cash paid for advertising in Daily News. 247 05 

“ By cash paid for advertising in Beaufort Times . 32 00 

“ By cash paid for advertising in Beaufort Republican. 32 00 

“ By amount due W. J. Whipper as attorney. 7,033 33 


$ 8,106 62 

Recapitulation. 

Debtor by receipts.$6,517 99 

Creditor by payments. 8,156 62 


$1,638 63 

Wliipper, it will he seen, claims $7,033.33 as attorney’s fees in a transac¬ 
tion involving only $6,517.99. 

J. L. Neagle, the predecessor of Whipper as Secretary of the Sinking Fund Com¬ 
mission, swears : Page 855. “W. J. Whipper was authorized as Secretary of the 

Sinking Fund Commission to sell some real estate in Charleston. He was never em¬ 
ployed as attorney for the Commission to my knowledge.” 

I leave it to all disinterested men to judge of Whipper’s guilt or 
innocence. 

THE BLUE RIDGE STEAL. 

There is next the Blue Ridge steal. The State had a mortgage on the Blue 
Ridge Road, having advanced large sums of money in the effort to reach 
the Northwest by a railroad through the Blue Ridge Mountains, and held 
practically the title to the road—that is, the State and Charleston jointly. 
We have $4,000,000—$4,200,000, I think—of Blue Ridge scrip issued fraudu¬ 
lently, and there is a law suit now pending in the United States Court to 
force this State to pay the Blue Ridge scrip issued by that Legislature in 



























462 


JOURNAL OF PROCEEDINGS, 


defiance of the law and now held as an obligation by a gentleman in New 
York, who claims that it was hypothecated with him as security for money, 
and it seems to me that we are never to be rid of the consequences of this 
misrule. The Penitentiary down here cost $900,000 ; that is the sum added 
together here as the amount appropriated during those years of Radical 
government. 

I will pass on, Mr. President, merely mentioning that a large sum—about 
$500,000—was spent for the militia; and you all remember that during 
those dark days of ’72, ’73 and ’74 that there was hardly a Saturday night 
of the year that a drum beat of some negro militia company was not in the 
earshot of each one of you, while threats were made by these negro 
soldiery that they intended to rise up and exterminate the white men from 
the face of the earth and take this country. 

A PRE-EMINENT SCOUNDREL. 

I have shown you by the records and the report of this Committee that 
of all the thieves and scoundrels and villains who fastened their fangs 
upon the throat of this State and sucked its life blood, John J. Patterson 
must be given pre-eminence. 

What did they do for Patterson, these negroes? He bought enough of 
them to send him to the United States Senate as a representative in that 
august assemblage of this grand old State, to occupy the chair that has 
been graced by Calhoun and Hayne. Here is what the Committee says 
about it: 

“In conclusion, the undersigned respectfully report that the election of the Hon. 
J. J. Patterson to the Senate of the United States on December 10,1872, was procured 
by corruption and bribery. 

“They would further remark that the Legislature of 1872-73 was largely composed 
of new members, and that they were most solemnly pledged to a correction of past 
abuses and to the inauguration of real reforms. Some of the members may have 
been unfit for the discharge of the important duties of legislation by reason of igno¬ 
rance, yet came to Columbia with a desire, in an humble way, to do what was right. 
John J. Patterson enjoys the unenviable position of having been the first to place 
before them the poisoned chalice of temptation and to corrupt them with its enticing 
draughts. Need we wonder that they were intoxicated and fell ? Then followed a 
wild saturnalia of public plunder, the record of which furnishes nothing which is at 
all pleasant to investigate or to perpetuate in history.” 

This report is signed by John R. Cochran, chairman, a Republican; 
Henry A. Meetze, of the Senate; Gerhard Muller, J. C. Sheppard, S. Dibble, 
of the House. 

Now, I have alluded to the fact of this villainy, anarchy, misrule and 
robbery, and I cannot, in any words I possess, paint it. There is no man 
on this floor living in the country who dared during that dark period to 
leave his fireside without dread that when he returned he would find some 
harm to his family; and he dared not go forth without being armed, fear¬ 
ful of robbery. The sky was lit almost every night by the glare of burning 
dwellings and gin houses. Our Courts of justice were filled with bribe-takers, 
and the Judges themselves were not free from bribery. How did it come 
about, and who must bear the blame? We are told the negroes didn’t do 
it. “Oh, we didn’t do it,” they say. [Addressing the negro delegates]. 
You blindly followed and obeyed the orders of the Freedmen’s Bureau 
and the Union League and ignored the appeals of your former masters, 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 463 


who treated you with kindness and furnished you with your daily bread. 

I myself can testify that appeal after appeal was made by me, and by 
almost every white man in this State, with the negroes with whom he came 
in contact on his plantation: '‘Stop! come back! help us free ourselves 
from this burden !” But every one of you, almost up to 1876, blindly followed 
wherever these white thieves ordered. Was it negro government? The 
negroes furnished the ballots, and that is what we are dealing with. The 
negroes put the little pieces of paper in the box that gave the commission 
to these white scoundrels who were their leaders and the men who de¬ 
bauched them; and this must be our justification, our vindication and ourN. 
excuse to the world that we are met in Convention openly, boldly, without 
any pretense of secrecy, to announce that it is our purpose, as far as we may, 
without coming in conflict with the United States Constitution, to put such 
safeguards around this ballot in future, to so restrict the suffrage and cir¬ 
cumscribe it, that this infamy can never come about again. 

The negroes were the tools of designing white men, I acknowledge—par¬ 
ticipators and willing tools. The poor, ignorant cotton field hand, who 
never reaped any advantage, nor saw anything except a pistol, blindly fol¬ 
lowed like sheep wherever their black and white leaders told them to go, 
voted unanimously every time for the Republican ticket during that dark 
period, and these results were achieved solely and wholly by reason of the 
ballot being in the hands of such cattle. Is the danger gone? No. / How\ 
did we recover our liberty? By fraud and violence. We tried to over¬ 
come the thirty thousand majority by honest methods, which was a mathe¬ 
matical impossibility. After we had borne these indignities for eight yeaps 
life became worthless under such conditions. Under the leadership and in¬ 
spiration of Mart Gary—because he planned and brought about the Straight- 
out movement of ’76—in spite of the low country fighting on this floor 
against those who opposed putting Chamberlain forward as a compromise 
candidate—under his leadership and through his magnificent courage (for 
Edgefield alone gave us the excuse to claim the Governorship), we won the 
fight. We had a legal right by her majority, but then Grant’s bayonets 
were here to prop Chamberlain in the Governor’s chair. We were held in 
suspense from the meeting of the General Assembly in November until 
Hayes’s title had been settled by the Electoral Commission in March. The 
whole State w T as like a powder magazine. The people had sworn to have 
their liberties or to die. 

How did we bring it about? Every white man sunk his personal feelings 
and ambitions. The white people of the State, illustrating our glorious 
motto, “Ready with their lives and fortunes.” came together as one. By 
fraud and violence, if you please, we threw it oft*. In 1878 we had to resort 
to more fraud and violence, and so again in 1880. CThen the Registration 
Law and eight-box system was evolved from the superior intelligence of 
the white man to check and control this surging, muddy stream of ignorance 
and to tell it to back, and since then w T e have carried our elections without 
resort to any illegal methods, simply because the wTiites were united^ If 
we were to remain united it would still be desirable that we should guard 
against the possibility of this flood, wfliich is now dammed up, breaking 
loose ; or, like the viper that is asleep, only to be warmed into life again and 
sting us whenever some more white rascals, native or foreign, come here 



464 


JOURNAL OF PROCEEDINGS, 


and mobilize the ignorant blacks. Therefore, the only thing we can do as 
patriots and as statesmen is to take from them every ballot that we can 
under the laws of our national government. 

I read a moment ago from the report of the Committee that good govern¬ 
ment can only rest on intelligence and good morals. I will go further and 
say that good government and the very life of republics rest on virtue, 
patriotism and intelligence. The chief amongst the three is intelligence. 
It has been said, and it must be apparent to any one who thinks, that even 
if we restrict the suffrage as we propose, that with 40,000 Conservatives and 
40,000 Reformers, divided and striving for mastery, and 15,000 illiterate white 
men disfranchised, that the negroes are still here in sufficient numbers to 
control us. Are we so besotted, so forgetful and oblivious of the record which 
I have just read to you? Have our memories grown so callous that we as 
a white race—kinsmen, brothers, common inheritors of the glorious past 
and of the freedom transmitted to us by our forefathers—have we got to 
the point where we cannot unite as brothers, throwing aside the petty 
bickerings and animosities that have been engendered in the last five years, 
and, without regard to personal ambition or partisan advantage to anybody, 
can we not provide so that we will not have to appeal to these people as 
arbiters of our fate? Can we not rise to the necessities of the occasion and 
put into this Constitution such an Article in reference to suffrage as will 
guarantee, as far as the law can guarantee, to future generations that they 
shall have the blessings of Anglo-Saxon civilization and liberty in this 
State? How pitiable, how puerile, how ineffably, unutterably contemptible 
appear the personal ambitions and petty spites of men alongside of this 
grand and glorious purpose! 


I am sorry that I feel constrained briefly to touch upon this matter now 
from a different standpoint. I shall be as brief as the subject will permit. 
I feel almost willing to stop now and leave unuttered any word in answer 
to what has been said this morning, and to leave it to the patriotism and 
wisdom of this body to move forward and not hesitate. We were told 
something about perfect equality of white men; that the poor tenant who 
has nothing but his wife and children, who labors for his daily bread from 
year’s end to year’s end, gathering no property, is equal to the highest man 
in this State. I grant it. It has been my cardinal doctrine as a public man 
/IhaJ all white men, as far as the enjoyment of the privileges of government 
and the emoluments of office are concerned, should be equal in this State, 
^ and that the majority alone should govern. But that doctrine cannot be 
brought in here as a reason why we must stop and pause and falter in our 
purpose to secure to our posterity good government, unless you carry it 
further; and)if you are going to bring in the universal brotherhood of man 
as an argument here, then are not the blacks as much entitled to that con¬ 
sideration as anybody ? The logical conclusion is inevitable. 

"On this question of suffrage, it is said that some men’s right to vote will 
be jeopardized. If there was any way under high Heaven by which we 
could do more than we have done, in God’s name I would glory and honor 
the man, and bow down and submit to his leadership, if he would show us. 
What do they offer us ? A continuation of the existing conditions and per¬ 
petuation of fraud, or fraudulent methods; and the sword of Damocles sus¬ 
pended over our heads by a single hair swings, and swings, and swings; 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 465 


and all that is necessary to bring about chaos is for a sufficient number of 
white men, actuated by hate, or ambition, or from any unpatriotic motive, 
to climb up and cut it loose, mobilize and register the negroes, lead them 
and give them a free vote and fair count under manhood suffrage. SonieN. 
men have seduced themselves into believing that the best white men, the 
so-called better class, of which we have heard so much within the last few 
years, could form an alliance with this black substratum, and that our 
liberties would not be endangered. What folly! iThe point cannot be con v 
trover ted that whenever enough white men go with that class and bring 
them forward, the so-called best white men may get in office once, twice or 
thrice by means of the negro majority led by the white minority, but the 
struggle for the control of that vote will just as inevitably debauch, 
demoralize and lower, and finally corrupt and make rotten the public 
morals as that the sun shines in the heavens. The men who sink nearest 
to their level in social equality, as Moses, Chamberlain and those scoun¬ 
drels did, can always command their support. And you will always be con¬ 
fronted with the possibility, the probability, and even the certainty, of it 
coming to pass at some time, until you shall have reduced their voting 
strength so that there will never be enough of them to do more than to put 
either one white faction or the other in control of the government. And 
even that, which we cannot help, stands here as fixed as the law of the 
Medes and Persians by the Fourteenth and Fifteenth Amendments—and 
yet you hesitate to make the evil as small as possible and minimize the 
danger! 

Allusion has been made to the fact that several prominent gentlemen met 
in this city to see if there could be any terms of amity, any treaty of peace, 
between the warring factions in this State, and the words “ingrate” and 
“ traitor ” have been used in connection with my name as a participant. 

What was the condition ? The minority faction had opposed almost to a ' 
man the calling of this Constitutional Convention. Demagogues of a cer¬ 
tain stripe had used the newspapers of the State to threaten and terrify the 
poor whites with the possible and probable loss of their ballots if the Con¬ 
stitutional Convention was called. Spartanburg, which had never suffered 
from negro domination, and which can never suffer in its local affairs from 
negro domination, voted overwhelmingly against the Constitutional Con¬ 
vention. When the fight seemed almost lost, and those of us who had 
struggled for ten years or more, in season and out of season, whenever an 
opportunity offered, to urge upon the people the wisdom and necessity for 
calling a Convention, and taking care of our posterity by limiting the suf¬ 
frage, when we felt that the fight was desperate, in October a meeting was 
called at Ridgeway. The Governor and myself and the Chairman of the 
Democratic Executive Committee, who has let his tongue run so loosely, 
were invited, and promised to go there and discuss the question. When 
the day came the Governor was there and spoke as true as steel. I was 
there and talked from the shoulder as I always talk. Where was the saviour 
of the Democratic party : the man who claims the credit and responsibility 
of calling the Convention ? 

Mr. Irby : Will the gentleman allow me to answer? 

Mr. Tillman: Certainly. 

30—500 



466 


JOUKNAL OF PROCEEDINGS, 


Mr. Irby : I don’t remember—it has been some time ago. I did expect to 
speak there. I accepted the invitation of Mr. Johnson. It was my inten¬ 
tion to go, and something occurred at home, either sickness or something 
like that, that kept me from going. I would like to ask him one question. 
Did not I come here for three weeks and stay and fight as hard as any man 
possibly could to carry the election for this Convention $ 

Mr. Tillman : You did; but you afterwards charged that when the bat¬ 
tle was on Evans ran out of the State, whereas Evans was at his post, and 
you at home sick, so you say. (Sarcastically.) 

Mr. Irby : I did not say I was sick. It comes with ill grace from him, 
after all that has happened in the past, that he should charge me for one 
moment with shirkiug a responsibility, or running from anything. I did 
say that when the fight was fiercest Governor Evans fled the State and 
could not be found by telegram or letter, and I asserted it for the reason 
that I asked by telegram, or probably in person of the brother of the Gov¬ 
ernor, why it was that he, the Governor, did not come and help me in his 
own election, and in the desperate struggle in calling the Constitutional 
Convention, and he could not tell me where the candidate for Governor 
was. On the night of the election at 2 o’clock, after the fight had been 
won, before the smoke of battle had cleared away, our young Governor 
came into my room, and I reproached him and asked him why it was that 
he had left me in such an extremity and had not come to my assistance ? 
He said, “Well, I have been off to see my girl,” (laughter), “and I was 
afraid you would commit me to some pledge that I could not carry out.” 
Now, sir, I say that when I was here facing all the dangers of defeat, and 
the odium of defeat, that he had little to do, and he might have spared the 
time to come here and help carry his own election as well as carry the Con¬ 
stitutional Convention. 

Mr. Tillman : With that I have nothing to do. I only mention this in¬ 
cidentally as I myself have been accused of certain things, and the gentle¬ 
man should remember that those who live in glass houses should not throw 
stones. And inasmuch as he has seen proper to twit, to say that it comes 
with ill grace from me to even insinuate such things against him, I take 
this occasion to say to this Convention and to the State of South Carolina 
that the apparent quarrel between the gentleman and myself is all of his 
own making, and that I am in no wise responsible for it. 

When the Barnwell-Hemphill-Evans-Tillman conference was held I went 
into it reluctantly because it brought me in contact with a man, the editor 
of the News and Courier, who has been most implacable and infamous in 
his abuse of me in his newspaper; with Barnwell, the recalcitrant leader, a 
hot Haskellite, who said on this floor: “ Ben Tillman shall never be Gov¬ 
ernor of South Carolina.” But as I saw at that time the tension between the 
/^factions was such that every prospect was that | we would have the Conser¬ 
vatives mobilizing the negroes in an effort to control this Convention, to 
keep us, as they claimed, from doing wrong to their property rights and 
^Jiberties,j(I sank my personal feelings and went to that conference. We 
had it in the Governor’s office. It began at 8 o’clock. We talked and 
wrangled until 2 o’clock, and I leave it to the members of that conference 
on this floor if, after having talked over the question as to how we could 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 467 


come together and come to an agreement, I did not say: “Gentlemen, 
unless you rise above petty, personal, contemptible purposes you cannot do 
anything, and we had just as well retire.” 

There are men on this floor who were present, and they will bear me out. 

If not, let them rise now and deny it. I dictated the terms on which vuN 
agreed, and the basic principle was that no white man should be disfran¬ 
chised except for crime, because that was the guiding star which actuated 
my entire purpose and action. I would suffer the loss of both of my arms,/ 
before I would do anything knowingly to jeopardize those rights and not 
redeem my pledge to those men. Suppose we had not had any conference. 
No one knows what might have happened. The result, unforeseen by anyr 
body, certainly not by me, was the immediate split of the Conservative 
faction into two warring armies, one side saying, “ That’s right, come and 
let’s take it,” and the other side saying, “No, trust Ben Tillman, Irby and 
Evans not one bit! If they get any majority in that Convention they had 
just as well have it all.” That was the war cry of those people as against 
the News and Courier. 

God works in a mysterious way His wonders to perform, and He makes 
instruments of men without their knowledge. The danger, if the danger 
existed, that the Conservatives would unite and go to the negro passed. I 
told those gentlemen that night (and they will bear me out in it) that I 
didn’t believe they could get anybody to go that would amount to any¬ 
thing; that the white instinct was too patriotic; that they would talk and 
blow, but that they could not get enough white men to accomplish 
anything to follow these radical editors in their efforts in that direc¬ 
tion. I further told them that while I would advocate an equal divi¬ 
sion upon the acceptance of the conditions proposed by me, that I 
knew or believed that the people would not give it. I concealed 
nothing and I deceived nobody. I said: “The mistake you have 
made, gentlemen, is in believing that I am all-powerful and can 
lead the people anywhere and make them do anything I please. You 
have misconceived the purpose and mainspring of the Reform move¬ 
ment in crediting me with having omnipotent power, when the fact is 
my power lies in this, that I simply lead the people the way they want to 
go, and I am their leader because of that.” I promised them nothing 
except my own personal support, and I was ready to give it. Did the Con¬ 
servatives accept it? No. The News and Courier alone of all the daily 
papers of that side said it was the wise and proper thing to do and urged its 
acceptance. The balance of the press and the majority of those not immedi¬ 
ately concerned repudiated it. Both sides repudiated it. The Conserva¬ 
tives in sullen discontent, the Reformers because they saw the other side, 
while Goff was manipulating the registration law at the instigation of the 
conspirators, threatening: “ Ah, yes; we have got you now; let the regis¬ 
tration law be overthrown, turn all these negroes loose, and we will put 
you under our heels.” That is what increased the feeling of discontent 
among the Reformers, together with the fact that it was undemocratic to 
give equal recognition to the minority. 

The people sent us here, and they elected numbers of you without regard 
to your factional differences in the past; they sent you here as patriots; 
they have sent you here although you have opposed them in politics, and I 




468 


JOURNAL OF PROCEEDINGS, 


thank God for it, because it has been demonstrated on this floor that we are 
all actuated by high and noble purposes, except where our personal ambitions 
are concerned, and we vote here as free men and equals, at no man’s dicta¬ 
tion . They say I have been shorn of my streng th and my influence, that I have 
been measured here by my logic and my capacity to argue, that I have been 
turned down time and time again. I thank God that if I have, it has proved 
to others here that I am no more than any one else. I am simply trying to 
do my duty, and will always try to do it as I see it. I am not infallible, and 
do not claim to be. While I have never claimed that wisdom will die with 
me, I do say that it is my honest purpose and patriotic desire to advauce 
the welfare and interest of this Commonwealth without regard to any one 
who has opposed me in the past. 

It has been charged, directly or indirectly, that the agreement entered 
into is still to be carried out, and the evidence is brought forward in the 
matter of the appointments of the Committees and their chairmen. 

As a matter of fact, which seems to be forgotten, the members of the 
Charleston delegation are representatives of the recalcitrant, irreconcilable 
faction there. Did they not turn Hemphill and Barnwell down in their 
convention and send Straiglitouts square from the shoulder like men? 
Where, then, is the connection, the bond of union between those of us on 
the Reform side who participated in that conference and the representa¬ 
tives from Charleston? Barnwell could no more control his people for 
peace, unity and harmony than I (Tillman). Mitchell, Barker, Farrow, 
Bryan and the rest of them came here as the representatives of public 
opinion in Charleston, and they do represent it. They have excited no bit¬ 
terness here. If they have any feeling of resentment they have hid it like 
patriots. The gentleman from that city who has been associated with me 
on the Committee on Suffrage has shown a high patriotic purpose, a com¬ 
plete willingness to co-operate in saving the right of suffrage for the poor and 
illiterate white man as far as he could. His consummate legal ability has been 
of incalculable benefit to the Committee. He came into the Committee pos¬ 
sibly with prejudice against me. I acknowledge I went in it with prejudice 
against him—because he has been fighting the Dispensary. [Laughter.] 
We have come to know each other better, and I feel warranted in saying 
that we will part with the highest mutual respect, if not friendship. And 
so I trust it will be with all of us. We will return to our homes with a 
higher purpose and a broader view, and if we must differ we mil differ like 
decent white men, and go into the forum of reason and try to convince our 
constituents as to which man is right, and when the voters have spoken at 
the Democratic primary, as white men, we will present a united front to 
the remnant of the black cohorts whom we have come here to reduce and 
paralyze. 

We have been told had we dared hint to the people that it was our pur¬ 
pose to incorporate an educational qualification in this Constitution we 
would not ha ve been sent here, that we would have been run off the stump. 

I spoke at Edgefield, Barnwell and elsewhere. I concealed nothing.' How 
do you propose to get around the Chinese wall, the impassable bulwark 
which the Fifteenth Amendment throws around the negroes, except by an 
educational or property qualification ? 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 469 


The desire has been on the part of the gentleman from Laurens to per¬ 
petuate the understanding clause, keep up the present system, the eight- 
box law, the registration law and all. You cannot do it, gentle¬ 
men. The people do not want it any longer; they are tired and sick of it 
unto death. With existing conditions there is nothing left, no man’s 
ingenuity can contrive or conceive of anything to do except to put an 
educational or property qualification, or both. The property qualification 
straight would disfranchise thirty thousand people, white men, who own 
nothing in their own names, and it is contrary to all my ideas of principle, 
fairness and right, because some of these very men are the most intelligent 
of our citizens. I said last night that the chalice was poisoned. ! Some have^- 
said there is fraud in this understanding clause. Some poisons in small 
doses are very salutary and valuable medicines. If you put it in here that a 
man must understand, and you vest the right to judge whether he under¬ 
stands in an officer, it is a constitutional act. That officer is responsible to 
his conscience and his God, he is responsible to nobody else. There is no 
particle of fraud or illegality in it. It is just simply showing partiality, 
perhaps, [laughter,] or discriminating. Ah, you grin, [turning to Mr. Pat¬ 
ton,] you of all men to get up here and wrap your Pharisaical robes around 
you, as you did last night, and pretend that you- 

Mr. Patton : I disclaim any such purpose, and you must not charge it. 

Senator Tillman : I got the impression from your speech. I charge 
this, that you said that the purpose of the Committee was either to have 
the law administered fairly or unfairly, whether by fraud or not. 

Mr. Patton: I did so charge, one or the other. 

Senator Tillman : Why should you last Summer have telegraphed the 
Governor in hot haste to remove the Republican managers or you might 
not get elected, and now you claim to be purer and more patriotic than 
other men ¥ 

Mr. Patton : I have never claimed to be purer and more patriotic than 
other men. If there is one thing my soul abhors, it is hypocrisy, and no 
man has dared charge that to me before. Whatever I may be I am not a 
Pharisee or a hypocrite. I came into this Convention to help pull us out of 
that mud and filth that you have described. 1 have never held myself up 
to be better than any one else, and there is nothing in my conduct and 
speech, if rightly judged, which will give ground for any such presumption, 
and you know it. 

Senator Tillman : If I knew it I would not say so. The impression 
made on me, and I dare say on every member on this floor, was that you have 
a scheme of your own which you thought was better and which you advo¬ 
cated, and you had a right to advocate it, but you did not have the right to 
set yourself up as the judge of the motives and purposes of the Committee, 
who are as pure as yourself, in their efforts to solve this problem. That is 
the quarrel I have with you ; it is not personal in any sense. As a delegate 
on this floor, and as chairman of the Committee, I take issue with you in 
the manner in which you have treated this question. I have heard of 
death bed repentances, but it seems to me that if I had kept the wires 
hot to keep the Republicans from having representation on the Board of 
Election Managers for fear of the possibility of being defeated as a dele¬ 
gate here, I would not hug my Pharisaical robes around me and undertake 
to impute dishonest motives to other men because they disagreed with me. 



470 


JOURNAL OF PROCEEDINGS, 


Now, to return to the gentleman from Laurens. If you look down the 
vista or the pathway which he asks you to take you see no signs of light or 
rays of hope. You see nothing there but the dire alternative that some 
time in the near future we shall have white men struggling to get posses¬ 
sion of the negro vote, and a continuation of the present iniquitous 
system. I desire to say this for the benefit of his constituents more 
than his. Let this Convention reject our scheme, or modify it or not, it is 
written as we want it passed; we are responsible for it, all except Mr. 
Henry, who has disclaimed any paternity of the educational and property 
qualification, and I am ready to rise or fall by it, and to meet the gentle¬ 
man in Laurens, or Spartanburg, or any other County in this State, and 
show to the people that I have not betrayed them, that I have not broken 
any pledges, that I am not an ingrate, that I am not a traitor, that I have 
acted as their best friend, and have stood squarely by all the pledges I ever 
made, and have endeavored to rise to the height of a statesman. I will go 
to Spartanburg where the two thousand majority on the other side is. I am 
not afraid to meet him anywhere, because right is right and truth is truth, 
and with these two bucklers I am ready to face any man that God ever 
made w T here my public acts or my private life are brought in question. 

The bugaboo of possible injunction against the understanding clause is 
brought in here to throw discord among us, and to terrify timid men. Well, 
now, any lawyer, the merest tyro in the profession, who knows anything 
about it, knows that no one can go into Court and get an injunction unless 
he alleges personal damage or wrong, and the man would go there under 
this law simply to get his own rights, and not to keep other people from 
being registered, and the Court, if the question was brought up, might ask 
what harm had come to him by refusal to register under the understanding 
clause, and the Court might say it was unconstitutional, but it would go 
from one Court to another, and by the time it was decided, as Mr. Bryan 
has said, we would be on firm ground with the educational qualification 
pure and simple, and our suffrage plan would be based on a rock. 

Mr. Ellerbe : What would become of these parties’ rights under that 
Section ? 

Senator Tillman : I don’t see how you can find- 

Senator Irby : Wouldn’t that invalidate the whole list on the theory 
that one rotten apple in the barrel will destroy the whole ? 

Senator Tillman : Mr. Bryan will have to answer that. 

A few words more, Mr. President, and I will conclude. I believe this is 
about the longest speech I ever made in my life. I shall briefly discuss the 
resolution of the gentleman from Marlboro as to striking out the money 
clause—the $300 clause. Now, he said that to allow one illiterate who had 
$300 to register and vote, and to prohibit another illiterate who didn’t have 
$300, was an unjust discrimination. Mr. President, the millennium has not 
yet come, and I am afraid it will not come in this day and generation, if 
ever. Perfect equality before the law in taxation or anything else is an 
impossibility. That theory is in our law and in our Constitution, but it has 
never been put in practice in any Court in any County in this State. I 
would like to ask him, as he pleads so strenuously against the injustice of 
having one illiterate with property to register, and another not, why did 
he forget to mention the injustice of allowing a man who is educated to 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 471 


register, and the man who is not to register? You did not say anything 
about it; you took mighty good pains to leave it untouched. 

Mr. Rogers : I will answer the question. I recognize as fair and right 
the principle that an intelligent ballot is the safeguard of any community, 
but I can see no reason, and you can show no reason, why two illiterate 
men, both standing on equality in every other respect, one should be given 
this privilege over the other simply because of the fact that he has a few 
dollars. 

Senator Tillman: The very fact that he has a few dollars is a sufficient 
reason of itself to show that he is probably a better citizen, is more industri¬ 
ous, thrifty, has accumulated something on which to pay taxes; and taxes 
without representation is repugnant to American liberty. By means of the 
$300 clause you simply reach out and take in some more white men and a 
few more colored men. I cannot see for the life of me why we should not 
go forward and not pander and cringe before people who do not understand 
that this does not restrict one single ballot—only gives it to a few more. 
That’s the whole subject in a nut-shell. If there is inequality in giving a 
man of property the ballot and prohibiting another who has none from 
voting, there is inequality in giving it to a man who can read and write 
fairly but has not got as much intelligence as his neighbor who cannot. 
There are men in my neighborhood who came out of the war penniless who 
cannot read and write because they never had the opportunity of going to 
school, yet they are good citizens and have accumulated property, are well 
to do, sending their children to school; but if they should not be able to 
read and write, under your restrictive purpose, if this Convention should 
yield to you, they and similar men will be barred in the future from voting. 
So far as I am concerned and so far as the Committee is concerned, we 
knew r this thing would create a howl among a certain class; but what is 
the use to pander to the notions of these people ? We are told it would be 
said: “'Here’s John Smith” (for instance), “a negro with $300, who can 
vote, and you cannot because you have not got $300, and Ben Tillman, who 
was on the Committee on Suffrage, did it for you.” I am ready to take the 
consequences. The Convention can vote it down, if they please, but I will 
never deny anywhere my connection with it, and I am ready to go to the 
people on it. 

Mr. McGowan : As the distinguished Senator knows, 1 was a member of 
that celebrated conference to which he refers. As he has seen fit to state 
what was done there, I desire to set myself straight upon the record. The 
Senator says that that agreement that we entered into was repudiated by 
both sides. 

Senator Tillman : In effect, yes. 

Mr. McGowan : So far as I am concerned, I rise to distinctly state I did 
not. 

Senator Tillman : I do not say that the parties immediately connected 
with it did, but the factions throughout the State were those who repu¬ 
diated it. 

Mr. McGowan : Did not we state that night that we knew many of our 
people and most of our papers would be against us ? 

Senator Tillman : I do not remember it. 






472 


JOURNAL OF PROCEEDINGS, 


Mr. McGowan : My recollection is distinct on that point. It was argued 
that we knew we would have the people of the State down upon us, and 
we said we knew that most of the Conservative people would be against 
us, but for the sake of peace, and to try to get the white people of the 
State together, we were willing to stand that and try to bring it about. As 
I remember, every Conservative member of the Committee worked faith¬ 
fully to bring it about, and not a single Conservative member of the Com¬ 
mittee repudiated it until first repudiated by the gentleman from Edge- 
field. 

Senator Tillman : I repudiated it because I saw from the temper of the 
people who were backing Goff that we could not depend on them and trust 
the Conservatives with equal representation. 

Mr. McGowan : I was one of the Committee that thought the Conserva¬ 
tives would not endorse what we did, and that most of the Conservative 
papers of this State would not endorse it. Therefore I say when you did 
repudiate it you had no right to do it, because you knew that night Avhat 
would happen. So far as I am concerned, I deny I ever repudiated it. I 
signed that agreement honestly, hoping to bring about good will among 
the white people of this State. I worked faithfully for it until first repudi¬ 
ated by yourself. 

Senator Tillman : I worked as faithfully as you or any other man. I 
put interviews in the papers and offered to go on the stump and speak. 

Mr. McGowan : Did we not that night discuss for one hour the clause 
which you were so determined should go in, that no white man should be 
disfranchised except for crime ? Did not we argue that ought not to go in, 
for it could not be done constitutionally; that we could not do it ? 

Senator Tillman : Yes. 

Mr. McGowan : Finally it was understood that while you insisted it 
should go in, it bound us to nothing that was unconstitutional. 

Senator Tillman : I do not remember about the constitutionality being 
discussed. I told you I would not sign anything, would agree to nothing, 
unless you agreed to that, and you did agree to it. 

Mr. McGowan: We discussed it an hour. We told you it was foolish¬ 
ness, for we could not do it constitutionally; that we could not bind our¬ 
selves, and the understanding was it would bind us in nothing which would 
be unconstitutional. 

Senator Tillman : I did not understand there was to be a mental reser¬ 
vation in it. What is expressed is what I thought you bound yourselves to 
and what I bound myself to. 

Mr. McGowan : We discussed the question of constitutionality, and we 
said we would bind ourselves to nothing that was unconstitutional. We 
told you it was foolishness to try. 

Mr. SMALLS addressed the Convention on the same subject, 
which, upon motion of Mr. B. R. TILLMAN, was ordered printed in 
the Journal. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 473 


Mr. SMALLS spoke as follows : 

Mr. President : I had thought that I would not find it necessary to have 
a word to say in regard to this contest for the right of freemen, for the 
question had been ably presented by others ; but to my surprise I find the 
distinguished gentlemen from Edgefield, Mr. B. Tillman and Mr. J. C. 
Sheppard, going away from the all-important question, the right to let free 
Americans cast an honest ballot for honest men. 

By those gentlemen I am arraigned here and placed on trial for an act 
said to have been committed in 1873 in South Carolina. It is true, §ir, that 
I was arrested in the State in 1877, charged by the Democrats of the State 
with receiving a bribe in 1878. This was done after the Democratic 'party 
had taken charge of State affairs; but the evidence upon which this 
trumped-up charge was brought was that of one Josephus Woodruff, who 
was Clerk of the Senate and also Public Printer of the State, and who had 
acknowledged that he had robbed the State out of over $250,000, and had 
run away and was brought back from Pennsylvania by a writ issued on the 
Governor of that State. 

This man Woodruff testified that of twenty checks which he had given 
to “cash” or to “bearer” one was given to Robert Smalls. Why so? 

Simply because they found that I had deposited in the Banking and Trust 
Company of the State $5,000 on the 18th day of January, 1878. But when 
they went to examine the record they found that the check in question was 
drawn on the 19th day of said month. On examining the calendar they 
found that the 19th day of January was Sunday, and that if the check was 
given to me on that day I could not have deposited until the 20th. 

The gentleman, Mr. Sheppard, a few moments ago said that I was con¬ 
victed, the testimony being corroborated by the Cashier of the bank. That 
gentleman was a member of the Committee: but, sir, he could not have 
read the record in this case. The Cashier of that bank was a man named 
Jacobs, who had been charged, as the record shows, under four indictments 
for perjury, and had fled the State, and a man by the name of Zealy brought 
in a little slip of paper, written in pencil, and said it was the handwriting 
of Mr. Jacobs, the Cashier of the bank. Mr. Woodruff* himself testified 
that he had made arrangements to borrow money, or had been trying to do 
so, and asked me to loan him $5,000, and that when I brought the money to 
him he had already made the arrangements to get $20,000 from Dr. Neagle. 
I am as innocent of that charge as you are. 

But, sir, that matter is brought in here. The State of South Carolina was 
in the hands of the Democratic party. It has been said that J udge Town¬ 
send was a Republican. This is the first I have ever known of it. He was 
not elected as a Republican, but as a Democrat, from Marlboro County, and 
to-day stands here as a Democrat. No one ever heard of Judge Townsend 
in the Republican ranks anywhere or at any time until now it seems conve¬ 
nient to serve a Democratic purpose. 

The gentleman said that I was convicted by a jury of colored men or 
Republicans. Mr. Speaker, there were two colored men that might have 
been Republicans on that jury; but every man on that jury had been a 
Democrat, and had worked and voted for Wade Hampton. There is Joe 
Taylor. Where is he to-day ? Somewhere in Canada. He is a good Demo¬ 
crat, but he stole twenty bales of cotton the other day and has now gone 




474 


JOURNAL OF PROCEEDINGS, 


somewhere else. I stand here to-day, and am just as innocent of the charge 
as either of the gentlemen from Edgefield, who have gone out of the way 
to make this personal onslaught. 

Now, let me say that after that trial and after 1 was arrested I appealed 
to the Supreme Court of the State. The Supreme Court held that opinion 
off over one year, as the record will show. After I had run for Congress a 
second time the Supreme Court rendered a decision sustaining the action 
of the lower Court. After that was done, under Section C41 of the Revised 
Statutes, I took an appeal to the Supreme Court of the United States. I 
went to Washington and appeared before that Court. The record shows it. 
I went before Chief Justice Waite, and he granted the appeal and docketed 
the case. 

No sooner was this done, and no sooner had I returned to South Carolina, 
than, without a single word from me, or friend of mine, directly or in¬ 
directly, Governor Simpson, of South Carolina, issued and sent to me in 
Beaufort a pardon which I have here in this paper. 

Mr. President, my acts in defense of my name and honor are such as are 
entitled to the respect of every freeman. I did all that man could do ; but 
without my knowledge, against my will, the Attorney General of South 
Carolina, Mr. Youmans, went before the United States Supreme Court and 
asked that the case be stricken from the docket, on the ground that it had 
been adjudicated in the State. I knew nothing of this at all until I hap¬ 
pened to see a sketch of it in the News and Courier, published in Charles¬ 
ton, saying that Mr. Youmans was in Washington and had made such a 
motion. 

But while I was in Columbia, before the trial came off’, Mr. Cochrane, the 
Chairman of that great investigating committee appointed by the Legisla¬ 
ture of South Carolina, said to me, “Smalls, you had better resign.” “ Re¬ 
sign what f 1 “ Resign your seat in Congress.” “ Wliat,” said 1, “ the seat 
the people elected me to f ’ “ Yes; you had better resign, because if you 
don’t they are going to convict you.” Said I: “I don’t believe that, sir. 
I am innocent and they cannot doit.” “Well,” said he, “bear in mind 
that these men have got the Court, they have got the jury, and an indict¬ 
ment is a conviction.” I did not believe it, but I tell you those gentlemen 
taught me it was so. And it was so. I was sought by another gentleman, 
a gentleman from Aiken County, Mr. Drayton, the editor of a paper there. 
He came to me and said: “Smalls, we dou’t want to harm you. Get out 
of the way. We know you were kind to our people just after the surren¬ 
der, and Governor Hampton says he doesn’t want to injure you. We want 
this government, and we must have it. If you will vacate your office we will 
pay you $10,000 for your two years’ salary.” Said I, “ Mr. Drayton, where 
did you get this money to give me f ’ Said he, “ Smalls, don’t you ask that. 
We have got the money. The people of South Carolina have paid in 10 per 
cent, on their taxes to perpetuate the Hampton government and we intend 
to have it.” Said I: “ Sir, if you want me to resign my position you must 
call meetings all over the Congressional District and get those people who 
elected me to pass resolutions requiring me to resign, and then you can 
have the office without a penny. Otherwise I would suffer myself to go 
into the Penitentiary and rot before I would resign an office that I was 
elected to on a trumped-up charge against me for the purpose of making 
me resign.” 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 47 b 


Make me resign when I am innocent; make me resign when the only 
testimony against me is that of a self-confessed thief. And, Mr. President, 
this self-confessed thief at my trial admitted, under oath, that he had been 
granted immunity from trial because he had promised the prosecution to 
testify against me. And, Mr. President, this man Woodruff has never been 
tried. 

Why should this matter he dragged into this debate ? Why, sir, it is to 
inflame the passions of delegates against Republicans and force them to 
vote for this most infamous Suffrage Bill, which seeks to take away the 
right to vote from two-thirds of the qualified voters of the State. 

It has been claimed that there has been a compromise in my case, hut 
this is not true. I refused all offers of compromise, hut there were compro¬ 
mises made hut I was not included; I received no advantage therefrom. 
I have here a copy of a compromise entered into by the State of South Caro¬ 
lina and the United States District Attorney for South Carolina, which I 
send to the desk and ask that it he read, which speaks for itself: 


Executive Department, 
Office of the Attorney-General, 
Columbia, S. C., April 22, 1879. 
Hon. L. C. Northrop, TJ. S. District Attorney 
for the District of South Carolina, 
Charleston, S. C. 

Dear Sir: After seeing in writing the views of the Governor and the 
State delegations in both branches of Congress, and after consultation with 
the State officers and others, I have deemed it proper, in the interests of 
peace and quiet in the State, to address you this letter in regard to the action 
thought to be the most conducive to that end, and most practicable under 
the circumstances, as to certain prosecutions which have been, or may be, 
brought by the United States and State governments respectively. 

That action is that the United States government shall continue the cases 
against all persons charged with violations of law by the commission of any 
acts whatever in connection with, or growing out of, past canvasses or elec¬ 
tions, and at the next term, or as soon thereafter as practicable, nol pros. 
them, and that no more prosecutions shall be had. 

That upon this continuance by the United States, the State shall continue 
the pending cases against D. H. Chamberlain and others, brought under the 
resolution of the General Assembly, and all cases against persons charged 
with violations of law by the commission of any acts whatever in connec¬ 
tion with, or growing out of, past canvasses or elections, and all cases of 
criminal malfeasance on the part of any public officers of the State, or of 
bribery or corruption of the public officers of the State, prior to January 1, 
1877, and nol pros, the same, upon the United States nol prossing the prose¬ 
cutions aforesaid brought by the United States government, and that no 
more such prosecutions shall be had by the State. 











-±76 


JOURNAL OF PROCEEDINGS, 


If you will do what is necessary to carry this out, as United States Attor¬ 
ney, I will do what is necessary to carry it out as Attorney-General. 

Very respectfully, 

(Signed) LeRoy F. Youmans, 
Attorney-General South Carolina. 
Charleston, S. C., April 29, 1879. 

I certify that the above is a true and exact copy of a letter handed to me 
to-day after the cases alluded to were continued in the United States Court. 

(Signed) L. C. Northrop. 

True copy of the certified copy as above in L. C. Northrop’s handwriting. 

Warren R. Marshall. 

April 30, 1879. 

Mr. President, I am through with this matter. It should not have been 
brought in here. All the thieves are gone; they are scattered over the 
nation, but I have remained here. My race has honored me with a seat on 
this floor, and I shall serve them to the best of my ability. My race needs 
no special defense, for the past history of them in this country proves them 
to be the equal of any people anywhere. All they need is an equal chance 
in the battle of life. I am proud of them, and by their acts toward me I 
know that they are not ashamed of me, for they have at all times honored 
me with their votes. 

I stand here the equal of any man. I started out in the war with the 
Confederates; they threatened to punish me and I left them. I went to the 
Union army. I fought in seventeen battles to make glorious and perpetu¬ 
ate the flag that some of you trampled under your feet. 

Innocent of every charge attempted to be made here to-day against me, 
no act or word of yours can in any way blur the record that I have made 
at home and abroad. 

Mr. President, I am through, and shall not hereafter notice any personal 
remark. You have the facts in the case; by them I ask to be judged. 

Mr. SHEPPARD addressed the Convention as follows in refer¬ 
ence to the report of the Commission appointed to investigate the 
frauds of the State government from 1868 to 1876 : 

Mr. President and Gentlemen of the Convention: 

I was absent from the Convention, and from the city, last Friday and 
Saturday, when the members from Beaufort made their speeches, and under¬ 
took to demonstrate the right of the colored race to vote, and to illustrate 
that they are worthy of the ballot. 

Upon my return to the city, I read their speeches with care, and made up 
my mind to expose, not only for the consideration of this Convention, but 
for the country at large, the record that they made while they were practi¬ 
cally in control of the government of the State. Upon reflection I relented. 
It occurred to me that they are here in a hopeless and helpless and harm¬ 
less minority; I felt that it would be too much like attacking a man after 
he is down. I preferred to throw over the horrid scene the veil of charity, 
was willing that the memory of men should let fall the recollections of the 
melancholy events of that day, and I concluded not to do so. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 477 


I would not detain the Convention even for the five minutes during which 
I shall ask your indulgence but for the remarks of the gentleman from 
Beaufort (Mr. Smalls) last night, in reply to my colleague (Mr. Tillman), 
who questioned the justice and rightfulness of the record that was made 
up by the Committee on Frauds—of which I was a member—so far as it 
affected him. 

He sought to impress upon the members of this Convention, and upon 
the minds of the people of this great country, that the judgment that was 
rendered in his case was based upon the testimony of Woodruff alone, and 
that his testimony was given in consideration of amnesty. 

I am sorry that the member from Beaufort has made any such reference,, 
because it makes it obligatory upon me, as a member of that Commission, 
in vindication of the truth of the record, to say that such was not only nut 
the case, but that the record justified the event beyond the criticism of the 
closest scrutiny. The member from Beaufort, by the modesty of his de¬ 
meanor, and by his evident endeavor to discharge his duties as a member 
of this Convention faithfully, has strongly commended himself to my 
friendly consideration; and I would not uncover the record but for the 
provocation they have given. They have brought on the inquiry, and they 
must take the consequences. 

Then, Mr. President, what does the record show"? That the member 
from Beaufort was tried before a Republican Judge—a member of his own 
party (Judge Townsend)—perhaps the ablest lawyer that was elected to 
the bench during that regime. He was defended by a man who was 
acknowledged to be the equal of any man who ever addressed a Court of 
General Sessions in South Carolina, and would compare favorably with any 
criminal lawyer in any State of the Union—(Judge Melton.) 

His case was heard by a jury, one-half of whom were men of his own 
color. I say one-half—my recollection is that more than one-half of the 
jury were men of his own color. I have examined the record this morning 
—since breakfast—and saw the list of the jury, and the Clerk of the Court 
pointed out to me the names of six of the jurors who were known to be men 
of his own color—some of whom were men of his own political party. 

By that jury a verdict of guilty was rendered. From that verdict and the 
judgment thereon he appealed to the Supreme Court of this State, of 
which the Chief Justice (Willard) was a Republican; and the judgment was 
affirmed unanimously. I regret to say to any gentleman here, or to any 
man who may read these words, that the judgment was justified by the 
record. 

Mr. Wloo: Did you not vote to re-elect that Judge? Did you not re¬ 
elect a Republican to office for thus catering to your party ? 

Mr. Sheppard : I emphatically deny it. I voted against him thirty-two 
times. General McGowan was the candidate against Willard, and I voted 
against him every time until the result was reached. The gentleman does 
not know what he is talking about, and had better keep his seat until I get 
through. 

Mr. President, it gives me no pleasure to say these things, and 1 would 
not have opened my lips to mortify the honorable member from Beaufort, 
but he has forced me to do so, as I am the only member of this Convention 
who was a member of that Commission. 



478 


JOURNAL OF PROCEEDINGS, 


Since that time the State has forgiven the honorable member, and I, for 
one, was willing that the unhappy circumstances of his life should be blot¬ 
ted from the memory of men. I trust that since he has received the pardon 
of the Chief ’Executive he has so conducted himself as to show that he was 
worthy of the restoration to the privileges Of citizenship that was conferred 
upon him, and I hope that hereafter he will so conduct himself as to justify 
that action. 

Mr. President, the record of the horrible crimes and disgusting debauch¬ 
ery which characterized the administration of the government, in all its 
departments, from 1868 to 1876, is here. No epitome can be made of it. In 
venality and corruption it is without a parallel in the history of civilized 
government. No adequate or just judgment can be formed of the outrages 
and infamies which were perpetrated without reference to the entire record. 
I will not fatigue your indignation by elaborate disclosure of the horrible 
details, but will content myself with the addition of a few conspicuous 
illustrations to the fearful arraignment presented by my colleague (Mr. 
Tillman) last evening. 

At one session of the Senate there were sixteen colored Senators, besides 
the President of the Senate, who was a colored man. This record shows 
that of these seventeen men fourteen were corrupt, and I am sorry to say 
that the record does not show that the remaining three were not corrupt. 
That appalling fact shows that between the leaders of these men and their 
followers there was no difference, except in the price received. These 
fourteen men, leaders and followers, learned and ignorant, respected and 
depraved, were all alike corrupt, and the only difference was that some 
received five thousand dollars for a single vote, others received twenty- 
five hundred dollars, others fifteen hundred dollars, others one thousand 
dollars, and on down to three hundred dollars. The leaders to whom the 
colored people all over the country had the right to look for guidance, to 
whom the colored people had the right to look for example, only differed 
among themselves and from their followers in the price they received. 

Why, Mr. President, when we were investigating this horrid picture, 
and exposing to the world these specimens of depravity, more than fifty 
of these men, including Senators and members of the House, officers of the 
General Assembly and State officials, came before us in their own persons 
and under oath acknowledged that they had been bought time and time 
again—giving time, circumstance and price. I will not weary you with 
recitals—the record is here, and I commend it to your examination. I will 
content myself with a solitary illustration. Charles Minort, a member of 
the Legislature from this city, who was a leader among his people here, 
who looked upon him with pride, and had a right to look to him for ex¬ 
ample, came before the Committee and testified with reference to the 
election of John J. Patterson to the United States Senate. Hear what he 
said. 

“Rooms of Joint Investigation Committee, ) 

“ Columbia, S. C., October 20, 1877. j 

“ CHARLES MINORT, BEING SWORN, SAYS : 

“lama resident of the city of Columbia. Was a member of the House of Repre¬ 
sentatives for one term, commencing in November, 1872, and am at present a mem¬ 
ber of the House, having been elected in November, 1876. I voted for John J. Pat¬ 
terson. I was prejudiced against R. B. Elliott, and Patterson found that out. He 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 479 


asked me to support him, and also to hold the caucuses at my house, and said that 
he would pay me well for my services. I asked him how much. He said twenty- 
five hundred dollars ; and I said all right. I accordingly held the caucuses at my 
house, and did my part of the work, which was all that I could do, to secure his 
election. Patterson paid me twenty-two hundred dollars, and promised to pay me 
the balance, but it has not been done. Some members told me that Patterson was 
paying for votes. I think Gilman told me that Patterson paid him. I am sure Gil¬ 
man told me so. 

“ (Signed) C. S. MINORT.” 

Almost the entire record is made up of the testimony of participants, and 
is tilled with confessions, under oath, such as that made by Minort. 

But the member from Beaufort complains that he was persecuted, and 
that white men of greater prominence went unwhipped of justice, such as 
Leslie, Worthington and Patterson. Such was not the case. The Commit¬ 
tee did not desire to fill the penitentiary with men who had committed 
these crimes. They desired that the judgment of condemnation, which 
was rendered upon their ex parte investigation against practically every 
man who had been connected with the State government during the period 
of reconstruction, would be vindicated by the judgment of the Courts of 
the State. 

It was due to history that we should show by the judgment of the Courts 
that the record, as made up by the Committee, was just. Therefore we 
selected eight or ten of the most prominent and influential leaders for 
prosecution. Out of the entire number that we selected for prosecution— 
according to the best of my recollection—only two were colored, the bal¬ 
ance were white men. 

We prosecuted L. Cass Carpenter, a white man, for forgery, and con¬ 
victed him before a Republican Judge and jury. 

We prosecuted F. L. Cardozo, the State Treasurer, and convicted him. 

We presented bills of indictment against such leaders as Patterson, 
Leslie, Neagle, Parker, Kimpton and Chamberlain, upon which “ true 
bills” were rendered. We tried our best to get Leslie. We wanted Pat¬ 
terson more than we did any man connected with the record. We made 
requisition upon the Governor of Massachusetts for him, and sent our Attor¬ 
ney General there to demand his delivery to the agents of the State, but 
the Court refused to surrender him. 

The members from Beaufort speak of white men who, as State officials, 
defaulted, by way of consolation, if not justification. But it is not true 
that in every State where white treasurers were guilty of malfeasance 
they have either been sent to the penitentiary or driven into exile and 
oblivion by the contempt and indignation of their fellow citizens. Where 
is a solitary man of them who has been forgiven by the people they have 
outraged, and restored to positions of power and authority ? 

But, Mr. President, it is no pleasure to me to go into this record, and I 
will not exhaust it. I regret that the matter has been referred to at all. 
The members from Beaufort brought it on themselves. But for their refer¬ 
ence to the record, no mention would have been made of the facts stated. 
We desire to let the dead past bury its dead. 

I tell them again that when the facts and the records are appealed to, 
they will find no comfort. I will not dwell further on the record unless 



480 


JOURNAL OF PROCEEDINGS, 


they force it, but I have no objection. If they force it, they must abide 
the consequences. 

Now, gentlemen of the Convention, I desire to apologize for having 
detained you with a discussion of such matters; I have done no injustice 
to that Commission—two of whom are dead—who were actuated by a desire 
to serve the State faithfully. As long as my head is hot the finger of 
aspersion shall not be pointed at them. Every word that they wrote, and 
every judgment that they rendered, was justified by the record before 
them; and for the services that they performed they were entitled to the 
thanks of the people. 

Mr. G. D. TILLMAN addressed the Convention on the same sub¬ 
ject. 

Mr. D S. HENDERSON moved that the remarks of Mr. G. D. 
Tillman be printed in the Journal; which was agreed to. 

Mr. G. D. TILLMAN spoke as follows : 

Mr. President: Most of the facts that caused the writing of the letter 
which has just been read are personally known to me, and will, no doubt, 
be of interest. No one can even now read the history of the dark Recon¬ 
struction days through which we passed without indignation; indeed, to 
use the words of Gen. Toombs, I might say, “it even fatigues indignation.” 
The document presented is genuine. I know how it came about. In fact, 
I may be called a party to it. When some of the carpet-bag head devils 
who had preyed upon the substance and vitals of the State, and were fugi¬ 
tives from justice, were being hunted throughout the United States by our 
State authorities, with a good chance of the capture of several of them, 
“the wisest, brightest and meanest of them” humbly sought an interview 
with the South Carolina delegation in Congress, including Senator Butler 
and the members of the House, to see if the hounding down could not be 
stopped. We then negotiated a treaty of peace, and agreed upon a mutual 
exchange of prisoners. Many South Carolinians were languishing in North¬ 
ern prisons, under sentence for alleged violation of the Federal election 
laws, convicted, doubtless, by bribed juries and perjured witnesses, while 
numerous indictments were also pending in the Courts. Knowing that a 
number of Republicans had been guilty of other crimes besides bribe 
taking, theft, peculation and the robbery of the State, our local authori¬ 
ties here began arresting right and left, and the chief rascals, most of 
whom had fled the State, became alarmed about being brought to trial. 
Under the circumstances, we were not long in arriving at a compromise, 
which was that if the Federal Government would stop all its pending elec¬ 
tion prosecutions and pardon those who were immured in Northern dun¬ 
geons, the State would pardon all Republicans she had convicted for crimes 
growing out of politics and cease further prosecutions. I know who has 
the original treaty of peace, but at the time it was agreed that no mention 
should be made of who holds the document. 

A joint communication was addressed to President Hayes and the Gov¬ 
ernor of South Carolina, as I remember now, and the mutual exchange of 
prisoners and cessation of political prosecutions were carried out in good 
faith. 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 481 


The whole truth can never be obtained when current history is written 
of contemporary events, and only time can bring out all the facts correctly. 
Therefore, when that historical document—this letter of Attorney General 
Youmans—was presented here, I felt it due to the accuracy of history that 
the whole truth should be known, and I say what I do for the benefit of the 
young men and the public, as well as to explain why South Carolina granted 
pardon and amnesty to all the Radical rascals after 1876. 

Mr. MILLER moved that the remarks of himself and Mr. Smalls 
on the same subject be printed in the Journal. 

Mr. EFIRD moved as a substitute that Mr. Smalls be permitted to 
make a statement in his own defense, and that it be printed in the 
Journal. 

The motion of Mr. Efird was agreed to. 

Mr. WHIPPER addressed the Convention on the same subject. 

Mr. B. R. TILLMAN moved that Mr. Whipper be permitted to 
have his remarks printed in the Journal; which was agreed to. 

The pending question being the proposed amendment offered by 
Mr. Stokes, 

On motion of Mr. B. R. TILLMAN, at 2 P. M., the Convention 
receded from business until 7.30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

Calendar No. 37, report of Committee on Suffrage. 

Section 4. The pending question being the amendment proposed by 
Mr. Stokes this morning. 

Mr. STOKES spoke in support of his amendment. 

Debate continued by Mr. B. R. Tillman. 

The question being put, the Convention refused to adopt the 
amendment. 

Subsection c. Mr. ALDRICH moved to amend as follows : Strike 
out all on lines 10, 11 and 12 and the word “electors” on line 13 and 
insert the following: 

•‘The person applying for registration must be able to read and write any 
Section of this Constitution: Provided, That an Act of the Legislature 
declaring any person of sufficient intelligence to exercise the right of suf¬ 
frage shall be deemed the equivalent of ability to so read and write.” 

Mr. ALDRICH asked and obtained permission to withdraw for 
the present the proposed amendment as he intended to offer it on the 
third reading of the Article. 

31—500 





482 


JOURNAL OF PROCEEDINGS, 


Mr. IRBY moved to strike out all of subsection (d). 

Mr. IRBY addressed the Convention in support of his motion. 

Debate continued by Messrs. Perritte, W. D. Evans and Bryan. 

Mr. B. R. TILLMAN moved the previous question on Section 4; 
which was agreed to. 

The following gentlemen addressed the Convention in support of 
the Committee report: Messrs. Behre and Bryan. 

The following gentlemen spoke against the report of the Commit¬ 
tee : Messrs. Wm. Henderson, Hemphill and Sligh. 

The question being put upon Mr. Irby’s motion to strike out sub¬ 
section “ d,” Will the Convention agree thereto ?” it was decided 
in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 44.:; nays, 65. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Anderson, Austin, Barry, Bates, 
Bobo, Bowen, T. W. Brice, Buist, DeHay, Dennis, Doyle, Dudley, 
Ellerbe, W. D. Evans, Gamble, Gray, Gunter, Hamel, Hemphill, Wm. 
Henderson, Irby, T. E. Johnson, Keitt, McMakin, Miller, J. D. Mont¬ 
gomery, Otts, Parrott, Perritte, I. R. Reed, Rogers, Rosborough, 
Shuler, Sligh, Smalls, A. J. Smith, Jeremiah Smith, W. C. Smith, 
Taylor, Whipper, Wigg, and Winkler.—44. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Barker, Barton, Behre, Bellinger, Berry, Bowman, Breazeale, 
J. S. Brice, Bryan, Cooper, Cunningham, Douglass, Efird, Farrow, 
Field, Eraser, Gage, Gary, J. L. Glenn, Gooding, Graham, Harris, 
Harrison, Hay, Houser, Hutson, George Johnstone, Wilie Jones, E. J. 
Kennedy, J. W. Kennedy, bowman, McCalla, McCaslan, McGowan, 
McKagen, McMahan, Me White, Matthews, Mitchell, W. J. Mont¬ 
gomery, Morrison, Mower, Murray, Nicholson, Patterson, Peake, J. H. 
Read, Redfearn, Russell, Singletary, Sloan, R. E. Smith, Smoak, 
Stokes, Talbert, B. R. Tillman,G. D. Tillman, Waters, Watson, Wells, 
A. H. White, and Wiggins.—65. 

Mr. SCARBOROUGH stated that he was paired with Mr. Nash, 
otherwise he would vote “no.” 

Mr. McDERMOTTE stated that he was paired with Mr. Woodward, 
otherwise he would vote “ aye.” 

Mr. D. S. HENDERSON stated that he was paired with Mr. 
Wharton, otherwise he would vote “no.” 

Mr. HAYNSWORTH stated that he was paired with Mr. Meares, 
otherwise he would vote “no.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 483 


Mr. HENRY stated that he was paired with Mr. Ragsdale, other¬ 
wise he would vote “aye.” 

Mr. R. F. SMITH moved to amend subsection (d) by adding after 
the word “ more” in line 24 the following : 

Provided, f urther, That the General Assembly may prescribe other qualifi¬ 
cations than these herein contained. 

Mr. SMITH spoke in favor of his amendment. 

The question being put, the amendment was rejected. 

Section 4. The question being upon Section 4 as reported by the 
Committee. 

After debate by Messrs. Bates, Parrott, D. S. Henderson, Rogers, 
W. C. Smith, J. D. Montgomery, Talbert, Barker, Berry, Stan- 
yarne Wilson, McWhite, Bowen, McCaslan and Sligh, 

The question being put upon the adoption of Section 4 as reported 
by the Committee, ‘‘Will the Convention agree thereto,” it was decided 
in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 69 ; nays, 37. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Barker, Barry, Barton, Behre, Bellinger, Berry, Bowen, Bowman, 
Breazeale, J. S. Brice, T. W. Brice, Bryan, Buist, Cooper, Cunning¬ 
ham, Douglass, Efird, Field, Fraser, Gage, Gary, J. L. Glenn, Gooding, 
Graham, Gunter, Harris, Harrison, Hay, Houser, Hutson, George 
Johnstone, Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, 
Lowman, McCalla, McCaslan, McGowan, McKagen, McMahan, Mc¬ 
White, Matthews, Mitchell, Morrison, Mower, Murray, Nicholson, 
Otts, Patterson, Peake, Redfearn, Russell, Singletary, Sligh, Sloan, 
Smoak, Stokes, Talbert, B. R. Tillman, Waters, Watson, Wells, 
A. H. White, Wiggins, and Stanyarne Wilson.—69. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Alexander, Anderson, Austin, Bates, Bobo, 
DeHay, Dennis, Dudley, Ellerbe, W. D. Evans, Gamble, Gray, Hamel, 
Hemphill, Wm. Henderson, Irby, T. E. Johnson, McMakin, Miller, 
J. D. Montgomery, W. J. Montgomery, Parrott, Perritte, I. R. Reed, 
Rogers, Rosborough, Shuler, Smalls, A. J. Smith, R. E. Smith, 
W. C. Smith, Taylor, G. D. Tillman, Whipper, Wigg, and Winkler. 
—37. 

Mr. FLOYD stated that he was paired with Mr. S. E. White, 
otherwise he would have voted “no.” 




484 


JOURNAL OF PROCEEDINGS, 


Mr. DOYLE stated that he was paired with Mr. Garris, otherwise 
he would have voted “no.” 

Mr. SCARBOROUGH stated that he was paired with Mr. Hash, 
otherwise he would have voted “no.” 

Mr. JEREMIAH SMITH stated that he was paired with Mr. Can- 
tey, otherwise he would have voted “ no.” 

Mr. D. S. HENDERSON stated that he was paired with Mr. 
Wharton, otherwise he would have voted “yea ” 

Mr. McDERMOTTE stated that he was paired with Mr. Woodward, 
otherwise he would have voted “no.” 

Mr. HAYNSWORTH stated that he was paired with Mr. Meares, 
otherwise he would have voted “ aye.” 

Mr. FARROW stated that he was paired with Mr. Jervey, other¬ 
wise he would have voted “ aye.” 

Mr. J. H. READ stated that he was paired with Mr. Bradham, 
otherwise he would have voted “no.” 


REASONS GIVEN FOR VOTING. 


Mr, President, anticipating absence from the Convention, I “paired ” 
upon the question of the adoption of Section 4 of the report of the 
Committee on Suffrage; as the pair was not announced, I desire to 
state that if I had been present I would have voted “ no.” 

Respectfully, 

J. C. SHEPPARD. 

I voted “no” because I object to what is known as the understand¬ 
ing clause contained in subsection “ c.” I am in full accordance 
with the balance of Section 4. 

W. J. MONTGOMERY. 


T. E. Johnson votes “no” because he is opposed to any educational 
or property qualification on adoption of Section 4. 


I vote against the fourth Section of the report of the Committee 
on Suffrage because of opposition to the short limitation to the provi¬ 
sions in subsection “c” and the property qualification in subsec¬ 
tion “ d.” 

J. W. HAMEL. 


The Section as amended was adopted. 

Mr. B. R. TILLMAN moved to reconsider the vote whereby the 
Convention adopted Section 4 as amended, and to lay that motion on 
the table ; which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 485 


Mr. B. R. TILLMAN moved that the further consideration of the 
report of the Committee on Suffrage be adjourned until 7:30 P. M. 
Tuesday next. 

Mr. IRBY, moved that when this Convention adjourn it stand 
adjourned until 7:30 P. M. on Tuesday next. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 58 ; nays, 50. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Ashe, Atkinson, Barker, Barry, Bellinger, 
Bobo, J. S. Brice, Bryan, Buist, Cooper, Cunningham, Douglass, Dud¬ 
ley, Efird, Ellerbe, W. D. Evans, Cage, Gamble, Gary, Gilland, Gray, 
Gunter, Hay, Haynsworth, D. S. Henderson, Henry, Hutson, Irby, 
George Johnstone, Keitt, McCalla, McMahan, Miller, Mitchell, J. D. 
Montgomery, W. J. Montgomery, Mower, Nicholson, Otts, Parrott, 
Patterson, Prince, I. R. Reed, Rogers, Shuler, Singletary, Sligh, 
Sloan, Smalls, A. J. Smith, Jeremiah Smith, R. F. Smith, B. R. 
Tillman, Wells, Whipper, A. H. White, Wigg, and Stanyarne Wil¬ 
son.—58. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Austin, Barton, Bates, Behre, Berry, Bowen, T. W. Brice, 
DeHay, Dennis, Doyle, Farrow, Field, Floyd, Fraser, J. L. Glenn, 
Gooding, Graham, Hamel, Harris, Harrison, Hemphill, Wm. Hen¬ 
derson, Houser, T. E. Johnson, E. J. Kennedy, J. W. Kennedy, 
bowman, McCaslan, McDermotte, McGowan, McKagen, McMakin, 
Me White, Matthews, Morrison, J. H. Read, Redfearn, Rosborough, 
Russell, Scarborough, W. C. Smith, Stokes, Talbert, Taylor, Watson, 
and Wiggins.—50. 


LEAVES OF ABSENCE. 

Indefinite leave of absence was granted to Messrs. Patterson and 
Gamble ; also to Messrs. Berry, Howell, Aldrich and Singletary until 
Wednesday evening. 

Mr. B. R. TILLMAN moved that the address of Mr. Sheppard, 
delivered this morning, be printed in the Journal; which was 
agreed to. 

On motion of Mr. A. J. SMITH, at 11:35 P. M., the Convention 
adjourned until 7:30 P. M. on Tuesday next. 




486 


JOURNAL OF PROCEEDINGS, 


THIRTY-NINTH DAY. 


Tuesday, November 5, 1895. 


The Convention assembled at 7:30 o'clock P. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 

Mr. WELLS introduced the following ordinance, which was read 
the first time and ordered for consideration to-morrow : 

An Ordinance to Postpone the Next Regular Session of the Gen¬ 
eral Assembly from the Fourth Tuesday in November, 1895, to 
the Second Tuesday in January, 1896. 

Be it ordained by the people of South Carolina, in convention assem¬ 
bled, and by authority of the same, That the next regular session of the 
General Assembly of this State, appointed by law to be held on the fourth 
Tuesday of November, in the year of our Lord one thousand eight hundred 
and ninety-five, be, and the same is hereby, postponed until the second 
Tuesday of January which shall be in the year of our Lord one thousand 
eight hundred and ninety-six; and that the Governor of the State be, and 
is hereby, authorized and empowered to issue his proclamation to that 
effect. 

Mr. D. S. HENDERSON moved that Calendar No. 23, “An ordi¬ 
nance to authorize the issue of State bonds to enable the Counties of 
the State to do business on a cash basis/' be printed as amended ; 
which was agreed to. 

UNFINISHED BUSINESS. 

Calendar No. 37, report of the Committee on Suffrage. 

Section 5. Mr. BRYAN moved to amend line 3, after the word 
“Article," by inserting the words “and on such appeal the hearing 
shall be de novo which was agreed to. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 487 


Also, to amend line 4, by inserting after the word “law” the 
words “for such appeal and ;” which was agreed to. 

The Section as amended was adopted. 

Section 6. Mr. BELLINGER moved to amend by adding after 
word “bigamy,” on line 5, the following words: “housebreaking, 
receiving stolen goods, breach of trust with a fraudulent intention, 
fornication, sodomy, assault with intent to ravish, miscegena¬ 
tion, incest, and larceny,” and by striking out the words “theft” and 
“ embezzlement,” on lines 3 and 4; which was agreed to. 

Mr. E. J. KENNEDY moved to amend by striking out all of line 
8 after the word “ and. ” 

On motion of Mr. D. S. HENDERSON, the motion was laid on 
the table. 

Mr. DOYLE moved to amend line 5 by inserting after the word 
“ bigamy, ” the words “ wife beating ;” which was agreed to. 

The Section as amended was adopted. 

Section 7 was adopted as reported by the Committee. 

Section 8. Mr. SHEPPARD moved to amend as follows : Add 
to Section 8 : “Eor the first registration to be provided for under 
this Constitution, the registration books shall be kept open for at least 
six consecutive weeks, and thereafter from time to time at least one 
week in each month, up to thirty days next preceding the first 
election to be held under this Constitution ;” which was agreed to. 

Mr. GAGE moved to amend line 9 by striking out all after the 
word “ Senate ;” which was agreed to. 

Mr. W. D. EVANS moved to amend by striking out on line 3 
after and including the word “ Provided ” down to and including the 
word “ County” on line 6. 

After debate by Messrs. W. D. Evans, George Johnstone and Bryan, 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 54 ; nays, 35. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Austin, Barry, Barton, Breazeale, Buist, Carver, 
Cunningham, DeHay, Dennis, Douglass, Efird, W. D. Evans, Field, 
Fitch, Floyd, Gary, Gooding, Gunter, Hamel, Harrison, Hay, Hemp¬ 
hill, Wm. Henderson, Houser, T. E. Johnson, Ira B. Jones, Wilie 
Jones, Keitt, E. J. Kennedy, McCalla, McCaslan, McMakin, Mc- 
White, Matthews, Moore, Morrison, Murray, Parler, Rosborough, 




488 


JOURNAL OF PROCEEDINGS, 


Rowland, Russell, Shuler, Sligh, A. J. Smith, Talbert, Taylor, 
Waters, Wharton, Stanyarne Wilson, and W. B. Wilson.—54. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Bellinger, Berry, Bowen, J. S. Brice, 
Bryan, Derham, Doyle, Dudley, Fraser, Gage, J. L. Glenn, Harris, 
D. S. Henderson, Howell, Hutson, George Johnstone, McGowan, 
McMahan, Meares, Miller, Mitchell, Mower, Otts, Patton, Prince, I. 
R. Reed, Sheppard, Sloan, Jeremiah Smith, B. R. Tillman, Wells, 
A. H. White, S. E. White, and Wigg.—35. 

Mr. STANYARNE WILSON moved to reconsider the vote where¬ 
by the amendment was adopted, and to lay that motion on the table ; 
which was agreed to. 

Mr. BRYAN moved to amend by inserting on line 8 after the word 
“ three ” the words “ discreet persons in each County which was 
agreed to. 

Section 8 as amended was adopted. 

Section 9. Mr. SHEPPARD moved to amend line 1 by striking 
out the word “ election" and inserting in lieu thereof the word 
“ polling •” which was agreed to. 

Also, line 4* by striking out the word “ election" and inserting 
“ polling which was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend line 3 (original 
Bill) by inserting after the words “ a voter may 39 the words “ upon a 
change of residence which was agreed to. 

Mr. STANYARNE WILSON offered the following substitute for 
Section 9: 

There shall be established in the several Counties in the State election 
precincts, and each voter can be registered only at the nearest precinct, 
and must there cast his vote. Any voter may be transferred from one elec¬ 
tion precinct to another upon his change of residence. 

On motion of Mr. STANYARNE WILSON, further debate on 
this Section was adjourned for the present. The pending question • 
being the proposed substitute. 

Section 10. Mr. B. R. TILLMAN moved to amend line 1 by strik¬ 
ing out the word “holding” and inserting the word “regulation %3> 
which was agreed to. 

The Section, as amended, was adopted. 

Section 11. On motion of Mr. FITCH, further debate on this Sec¬ 
tion was adjourned until 10 A. M. to-morrow; all amendments pro¬ 
posed to be printed in the Journal. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 489 


PROPOSED AMENDMENTS UNDER SECTION 11. 

Add to Section 11 the following: “ Thereafter the registration hooks shall 
he public records, open to the inspection of the public.” 

J. C. SHEPPARD. 

Add to Section 11, after the word “interim” on line 3: “or to correct any 
mistakes, errors, omissions or fraud of the Board of Registration.” 

W. M. FITCH. 

Amend Section 11 by adding, after the word “election,” on line 2, the 
following: “And they shall be open for public inspection one week there¬ 
after prior to the election, and be placed in the Clerk of Court’s office for 
such inspection.” 

W. M. FITCH. 

Section 12. Mr. B. R. TILLMAN" moved to amend by adding to 
the end of the Section the words “ and collectible ;” which was 
agreed to. 

The Section as amended was adopted. 

Section 13. Mr. MEARES moved to amend line 4 by inserting 
after the word “ electors” the words “ except as to sex.” 

Also, add to the end of the Section : “The GenerarAssembly shall 
provide by law for a special registration to qualify electors to vote at 
such special elections.” 

Mr. D. S. HENDERSON moved to lay both amendments on the 
table. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 57 ; nays, 29. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Ashe, Austin, Barry, Barton, 
Bellinger, Bowen, Breazeale, J. S. Brice, Bryan, Buist, Carver, De- 
Hay, Dennis, Douglass, Doyle, Efird, Field, Fitch, Fraser, Gary, 
J. L. Glenn, Gunter, Hamel, Harris, Harrison, D. S. Henderson, 
Wm. Henderson, Houser, Howell, Hutson, T. E. Johnson, George 
Johnstone, Keitt, E. J. Kennedy, McGowan, McMakin, Me White, 
Matthews, Mitchell, Morrison, Mower, Murray, Otts, Prince, I. R. 
Reed, Rowland, Russell, Sheppard, Jeremiah Smith, Talbert, Waters, 
Wells, A. H. White, Stanyarne Wilson, and W. B. Wilson.—57. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Atkinson, 
T. W. Brice, Cunningham, Derham., Dudley, W. H. Evans, Floyd, 
Gage, Gooding, Hay, Hemphill, Ira B. Jones, Wilie Jones, McCalla, 



490 


JOURNAL OF PROCEEDINGS, 


McCaslan, McMahan, Meares, Miller, Moore, Parler, Rosborough, 
Shuler, A. J. Smith, Taylor, B. R. Tillman, Wharton, S. E. White, 
and Wigg.—29. 

Mr. BRYAN moved to reconsider the vote whereby the amend¬ 
ments were rejected and to lay that motion on the table ; which was 
agreed to. 

Mr. GEO. JOHNSTONE moved to amend by inserting on line 5, 
after the word “receipt,” the words “or duplicate receipts of the 
officer authorized to collect the same.” 

On motion of Mr. MOORE, the proposed amendment was laid on 
the table. 

Mr. GAGE moved to amend line 1 ; after the word “in” insert 
“ Counties ;” which was agreed to. 

Also, line 3, after the word “said,” insert the word “Counties ;” 
which was agreed to. • 

Mr. JEREMIAH SMITH moved to amend line 2 by striking out 
all after the word “same” down to and including the word “ elec¬ 
tions” in line 5. 

Mr. D. S. HENDERSON moved to lay the amendment on the table. 

The question being put: “Will the Convention agree thereto ?” 

The yeas and nays were requested, and are as follows : 

Yeas, 35 ; nays, 42. 

Those who voted in the affirmative are : 

Yeas—Hon. Jno. Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Barton, Bellinger, J. S. Brice, T. W. Brice, Bryan, Buist, Cun¬ 
ningham, Deyle, Efird, Eitch, Fraser, Gage, J. L. Glenn, Harris, 
Hay, D. S. Henderson, Howell, Hutson, Ira B. Jones, Wilie Jones, 
McCalla, McGowan, McMahan, Matthews, Mitchell, Moore, Mower, 
Russell, B. R. Tillman, Wells, A. IP. White, and S. E. White.—35. 

Those who voted in the negative are : 

Nays—Messrs'. Alexander, Anderson, Austin, Bowen, Breazeale, 
DeHay, Dennis, Derham, Dudley, W. D. Evans, Field, Floyd, Gary, 
Gooding, Gunter, Hamel, Harrison, Hemphill, Wm. Henderson, 
Houser, T. E. Johnson, George Johnstone, Keitt, E. J. Kennedy, 
McCaslan, McMakin, Me White, Meares, Miller, Morrison, Murray, 
Otts, Parler, Prince, I. R. Reed, Sheppard, Shuler, A. J. Smith, Jer¬ 
emiah Smith, Talbert, Taylor, and W. B. Wilson.—42. 

The roll call showing that a majority of the delegates were absent, 
the pending question being the proposed amendment of Mr. Jeremiah 
Smith, 

On motion of Mr. W. D. EVANS, at 10:40 P. M., the Convention 
adjourned until 10 A. M. to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 491 


FORTIETH DAY. 


Wednesday, November 6, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names—112 present: 

l^on. John Gary Evans, President, and Messrs. Aldrich, Alexander, 
Anderson, Ashe, Atkinson, Austin, Barker, Barry, Barton, Bellinger, 
Berry, Bowen, Bowman, Breazeale, J. S. Brice, T. W. Brice, Bryan, 
Bnist, Burn, Carver, Cunningham, Dellay, Dennis, Dent, Derham, 
Douglass, Doyle, Dudley, Efird, Estridge, W. D. Evans, Farrow, Field, 
Fitch, Floyd, Fraser, Gage, Garris, Gary, Gilland, J. L. Glenn, 
Gooding, Gunter, Hamel, Harris, Harrison, Hay, Hemphill, D. S. 
Henderson, Wm. Henderson, Houser, Howell, Hutson, T. E. John¬ 
son, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Ken¬ 
nedy, Lee, Lowman, McCalla, McCaslan, McCown, McDermott, Mc¬ 
Gowan, McMahan, McMakin, McWhite, Matthews, Meares, Miller, 
Mitchell, J. D. Montgomery, Moore, Morrison, Mower, Murray, Otts, 
Parler, Patterson, Patton, Prince, Ragsdale, Redfearn, I. R. Reed, 
Rosborough, Rowland, Russell, Sheppard, Shuler, Sligh, Sloan, A. J. 
Smith, Jeremiah Smith, Stokes, Stribling, Sullivan, Talbert, Taylor, 
B. R. Tillman, G. D. Tillman, Waters, Watson, Wells, Wharton, A. 
H. White, S. E. White, Wigg, Wiggins, Stanyarne Wilson, W. B. 
Wilson—112 present. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted Messrs. Sullivan, Smalls and Whipper ; 
until Saturday to Mr. Behre. 

Mr. W. D. EVANS asked and obtained leave of absence for the day 
on account of pressing business as Railroad Commissioner. 






492 


JOURNAL OF PROCEEDINGS; 


UNFINISHED BUSINESS. 

Calendar No. 37, report of Committee on Suffrage. 

Section 9. Mr. STANYARNE WILSON moved to lay on tlie table 
the substitute of his proposed yesterday and printed in Journal, page 
3 ; which was agreed to. 

Mr. STANYARNE WILSON offered the following substitute for 
Section 9 : 

The General Assembly shall provide for the establishment of polling pre¬ 
cincts in the several Counties of the State, and those now existing 
shall so continue until abolished or changed. Each elector shall be re¬ 
quired to vote at his own precinct, but provision shall be made for his 
transfer to another precinct upon his change of residence. 

Which was agreed to. 

The substitute was adopted as Section 9. 

Section 11. Mr. SHEPPARD withdrew his proposed amendment, 
printed in the Journal of yesterday, page 4. 

Mr. BRYAN moved to add to the end of the Section the following : 

“ The registration officers of each County shall, twenty days before any 
election held in the County, or any city or town in the County, make, cer¬ 
tify and file in the office of the Clerk of the Court of Common Pleas of the 
County copies of the registration books, showing separately the registered 
voters for each polling district in said County, and the same shall remain 
on file as public records of said office and open to public inspection.” 

Mr. GEORGE JOHNSTONE moved to amend the amendment by 
placing at the beginning the following words : 6i The registration 
books shall be public records open to the inspection of the public ; ” 
which was agreed to. 

The amendment as amended was agreed to. 

Mr. EITOH moved to amend by inserting after the word “ in¬ 
terim” on line 3 the following : “ Or to correct any mistakes, errors, 

omissions or fraud ; 99 which was agreed to. 

Mr. FITCH withdrew his second proposed amendment, printed on 
page 4 in the Journal of yesterday. 

Mr. GEORGE JOHNSTONE moved to amend line 3 by striking 
out the words “ coming of age ” and inserting in lieu thereof the 
words “becoming qualified ;” which was agreed to. 

Mr. LEE moved to reconsider the vote whereby the Convention 
adopted the amendment proposed by Mr. Fitch ; which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 493 


Mr. PRINCE moved to strike out the word “ omissions ” in the 
amendment proposed by Mr. Pitch ; which was agreed to. 

Mr. BREAZEALE moved to strike out Section 11 ; which was 
agreed to. 

Mr. STANYARNE WILSON moved to reconsider the vote 
whereby the Convention agreed to strike out Section 11, and to lay 
that motion on the table. 

The question being put: “Will the Convention agree thereto ? ” 
it was decided in the negative. 

The yeas and nays were requested, and are as follows r 

Yeas, 47 ; nays, 56. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Austin, Barry, Barton, Bowen, Breazeale, T. W. Brice, Buist, Carver, 
Cunningham, Deliay, Dennis, Douglass, Efird, Estridge, Field, Floyd, 
Gary, Gooding, Gunter, Harrison, Hay, Hemphill, Wm. Henderson, 
Houser, T. E. Johnson, Ira B. Jones, Wilie Jones, Lee, Lybrand, Mc- 
Cown, McDermotte, McMakin, Morrison, Murray, Otts, Redfearn, 
Rosborough, Sligh, Stokes, Talbert, Taylor, Waters, Stanyarne Wil¬ 
son, W. B. Wilson, Winkler.—47. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Anderson, Ashe, Atkinson, Bates, Berry, 
J. S. Brice, Bryan, Burn, Dent, Derham, Doyle, Dudley, Farrow, 
Fitch, Fraser, Gage, Garris, Gilland, J. L. Glenn, Hamel, Harris, 
D. S. Henderson, Howell, Hutson, George Johnstone, Keitt, E. J. 
Kennedy, McCalla, McCaslan, ‘McGowan, McMahan, McWhite, 
Matthews, Meares, Miller, Mitchell, J. D. Montgomery, Moore, 
Mower, Parler, Patterson, Prince, I. R. Reed, Rowland, Russell, 
Shuler, A. J. Smith, Jeremiah Smith, B. R. Tillman, G. D. Tillman, 
Wells, Wharton, A. H. White, S. E. White, Wigg.—56. 

Mr. B. R. TILLMAN moved to reconsider the vote whereby Sec¬ 
tion 11 was stricken out ; which was agreed to. 

Mr. B. R. TILLMAN moved to reconsider the vote whereby the 
amendment proposed by Mr. Fitch had been adopted ; which was 
agreed to. 

Mr. B. R. TILLMAN moved to lay the proposed amendment on the 
table ; which was agreed to. 

Mr. STANYARNE WILSON moved to reconsider the vote where¬ 
by the Convention adopted the amendment proposed by Mr. Bryan, 
and amended by Mr. George Johnstone. 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 




494 


JOURNAL OF PROCEEDINGS, 


The yeas and nays were requested, and are as follows : 

Yeas, 66 ; nays, 41. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Atkinson, Austin, Barry, Barton, Bowen, Bowman, 
Breazeale, T. W. Brice, Buist, Carver, Connor, Cunningham. DeHay, 
Dennis, Douglass, Efird, Estridge, Field, Floyd, Gage, Garris, Good¬ 
ing, Gunter, Hamel, Harrison, Hay, Hemphill, D. S. Henderson, 
Wm. Henderson, Houser, T. E. Johnson, Ira B. Jones, Keitt, Low- 
man, Lybrand, McCalla, McCaslan, McCown, McMahan, McMakin, 
Me White, J. D. Montgomery, Morrison, Murray, Otts, Parler, Pat¬ 
terson, Redfearn, Rosborough, Rowland, Sligh, W. C. Smith, Stokes, 
Talbert, B. R. Tillman, Waters, Wharton, A. H. White, Stanyarne 
Wilson, W. B. Wilson, Winkler, and Woodward.—66. 

Those who voted in the negative are : 

Nays—Messrs. Barker, Bates, Berry, J. S. Brice, Bryan, Burn, 
Dent, Derham, Doyle, Dudley, Farrow, Fitch, Fraser, Gary, Gilland, 
J. L. Glenn, Harris, Howell, Hutson, George Johnstone, Wilie Jones, 
E. J. Kennedy, McDermotte, McGowan, Matthews, Meares, Miller, 
Mitchell, Moore, Mower, Patton, Prince, I. R. Reed, Russell, Shuler, 
Sloan, Jeremiah Smith, G. D. Tillman, Wells, S. E. White, and Wigg. 
—41. 

Mr. STANYARNE WILSON moved to lay the amendment of Mr. 
Bryan on the table ; which was agreed to. 

Section 11 was adopted as amended. 

Section 13. Mr. JEREMIAH SMITH moved to amend line 2 by 
striking out all after the word “same” down to and including the 
word “ election” on line 5. 

The question being put, the Convention refused to adopt the pro¬ 
posed amendment. 

Mr. PRINCE offered the following as a substitute : 

Section 13. In authorizing a special election in any incorporated city or 
town in this State for the purpose of bonding the same, the General 
Assembly shall prescribe as a condition precedent to the holding of said 
election a petition from a majority of the freeholders of said city or town, 
as shown by its tax books, and at such election all electors of such city or 
town who are duly qualified for voting under Section 12 of this Article, and 
who have paid all taxes—State, County and municipal—for the previous 
year, shall be allowed to vote, and the vote of a majority of those voting in 
said election shall be necessary to authorize the issue of said bonds. 


Mr. MEARES moved to recommit the Section to the Committee. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 495 


Mr. TALBERT moved to lay the motion on the table; which was 
agreed to. 

The substitute was adopted as Section 13. 

Section 14 was adopted as reported by the Committee. 

Section 15 was adopted as reported by the Committee. 

The report of the Committee on Suffrage, having been read a sec¬ 
ond time, was adopted and ordered engrossed for a third reading to¬ 
morrow. 

Calendar No. 10, report of Committee on Legislative Department, 
on motion of Mr. SLIGH, was made a special order for 10 A. M. to¬ 
morrow. 

On motion of Mr. E. J. KENNEDY, Nos. 39, 40, and 41, the three 
reports submitted by the Committee on Education, were made special 
orders for to-morrow, (Thursday, November 7th), at 10 :30 A. M., and 
from day to day until disposed of. 

No. 23, an ordinance to authorize the issue of State bonds to enable 
the Counties of the State to do business on a cash basis. (Mr. D. S. 
Henderson). 

Mr. SHEPPARD moved to indefinitely postpone the ordinance. 

After debate by Messrs. Sheppard, Jeremiah Smith, Wharton, D. 
S. Henderson, Prince, Connor, Gage, Buist, George Johnstone, B. R. 
Tillman, Talbert, G. D. Tillman, J. D. Montgomery, and Derham, 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 57 ; nays, 53. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Atkinson, Barker, Bowen, Bow¬ 
man, Breazeale, T. W. Brice, Bryan, Buist, Connor, Cunningham, 
Derham, Doyle, Dudley, Efird, Estridge, Floyd, Gage, Gary, Gilland, 
Gooding, Hamel, Harris, Harrison, Hay, Hemphill, Houser, Hutson, 
George Johnstone, Ira B. Jones, Keitt, E. J. Kennedy, Lowman, 
Lybrand, McCalla, McDermotte, McKagen, Meares, Mower, Nash, 
Otts, Patterson, Prince, Redfearn, Rogers, Russell, Sheppard, Shuler, 
Jeremiah Smith, Stokes, Talbert, Taylor, G. D. Tillman, Wells, A. 
H. White, and Winkler.—57. 

Those who voted in the negative are : 

Nays-Hon. John Gary Evans, President, and Messrs. Aldrich, 
Anderson, Barry, Barton, Bates, Bellinger, Berry, Bradham, Burn, 
Carver, DeHay, Dennis, Dent, Douglass, Farrow, Field, Fraser, Gar¬ 
ris, Gunter, D. S. Henderson, Win. Henderson, Howell, T. E. John¬ 
son, Wilie Jones, Klugh, Lee, McCaslan, McGowan, McMahan, Me- 



496 


JOURNAL OF PROCEEDINGS, 


Makin, McWhite, Matthews, J. D. Montgomery, Moore, Morrison, 
Murray, Parler, I. R. Reed, Rosborough, Rowland, Scarborough, 
Sligh, Sloan, A. J. Smith, W. C. Smith, B. R. Tillman, Waters, 
Wharton, Wigg, Stanyarne Wilson, W. B. Wilson, and Woodward. 
—53. 

Mr. SHEPPARD moved to reconsider the vote whereby the ordi¬ 
nance was indefinitely postponed, and to lay that motion on the table. 

The question being put, it was decided in the affirmative by a rising 
vote of 59 to 46. 

Section 2. Calendar No. 46, report of the Committee on Jurispru¬ 
dence. 

Mr. GEO. JOHNSTONE moved to reconsider the vote whereby the 
Convention had adopted Section 2 ; which was agreed to. 

Mr. GEO. JOHNSTONE moved to amend Section 2 as follows : By 
striking out all after the word “ commenced,” on line 5, down to and 
including the word “ has,” on line 6. 

At 2 P. M., Mr. Geo. Johnstone having the floor. 

On motion of Mr. CONNOR, the Convention receded from business 
until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

Mr. CONNOR moved to recur to the morning hour; which was 
agreed to. 

Mr. CONNOR introduced the following ordinance, which was read 
the first time and ordered for consideration to-morrow : 

An Ordinance to Authorize the General Assembly to Provide for a 
Sinking Fund in the Several Counties of the State to Enable 
the Same to Do Business on a Cash Basis. 

Whereas in most, if not all, of the Counties of the State the taxes are 
never realized until a year after the levy, and consequently the contracts 
for ordinary County purposes and for the running of the schools have to be 
made on a credit instead of a cash basis; and whereas this is an evil which 
ought to be remedied. 

Therefore he it ordained by the people of the State of South Carolina, in 
convention assembled, and by the authority of the same: 

Section 1. That the General Assembly shall provide for an annual tax 
levy not to exceed one-half of one mill in each County not now on a cash 
basis. The proceeds of all such levies shall be used as a sinking fund for 
each and every County in which it is levied and collected, and shall be 
invested as the General Assembly shall direct until an amount sufficient 
shall have been collected to put such Counties on a cash basis. Then such 
annual levies shall cease. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 497 


Mr. MORRISON presented the following petition, which was read 
the first time and referred to the Committee on Counties and County 
Governments, signed by two hundred and sixty-six citizens. 

To the Honorable the President and Members of the 

Constitutional Convention of South Carolina. 

Gentlemen : We, the undersigned, citizens and taxpayers of and in the 
within mentioned territory in the State of South Carolina, do hereby peti¬ 
tion your honorable] body to pass an Ordinance for the establishment of 
the County of “ Seabrook; ” the said County to be composed of the follow¬ 
ing territory, to wit: The Islands of John’s, Wadmalaw and Edisto, and 
the Parishes of St. Andrew’s, St. Thomas and St. Dennis, Christ Church 
and St. James Santee, except that portion of the latter originally embraced 
in Charleston County. And your petitioners will ever pray, &c. 

Calendar No. 46, report of Committee on Jurisprudence. 

Section 2. Mr. GEORGE JOHNSTONE resumed the floor and con¬ 
tinued his remarks in support of his proposed amendment, printed in 
the Journal of this day. 

Debate continued by Messrs. Bellinger, Farrow, G. D. Tillman, 
Burn, Haynsworth, Gilland and Prince. 

‘Mr. BELLINGER moved the previous question on Section 2 ; which 
was agreed to. 

The following gentlemen spoke in favor of the proposed amend¬ 
ment : Messrs. McGowan, Ragsdale, and Sloan. Time consumed by 
affirmative seventeen minutes. 

REPORTS OF STANDING COMMITTEES. 

Mr. McCOWN, for the Committee on Engrossed Resolutions, sub¬ 
mitted the following report : 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred an Ordinance to “Provide that the General Assembly may enact 
such laws as may be necessary to validate and carry into effect subscrip¬ 
tions to the capital stock of certain railroad companies heretofore voted by 
the County of Chesterfield, and by the city of Spartanburg, respectively, 
and to validate and authorize the issue of bonds in payment of the same,” 
was referred, beg leave to report that the same has been correctly engrossed 
and revised. 

R. M. McCOWN, for Committee. 


Received as information. 
32—500 




498 


JOURNAL OF PROCEEDINGS, 


Mr. McCQWN submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred an Article relating to “the suffrage,” beg leave to report that the 
same has been correctly engrossed and revised. 

R. M. McCOWN, for Committee. 


Received as information. 

LEAVE OF ABSENCE 
Was granted Mr. Clayton until Monday next. 

The pending question being the proposed amendment of Mr. George 
Johnstone to Section 2. 

On motion of Mr. LOWMAN, the Convention, at 10.50 o'clock P. 
M., adjourned until 10 A. M. to-morrow. 


FORTY-FIRST DAY. 


Thursday, November 7, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names—135 present : 

Hon. John Gary Evans, President, and Messrs. Aldrich, Alexander, 
Anderson, Ashe, Atkinson, Austin, Barker, Barry, Barton, Bates, 
Bellinger, Berry, Bobo, Bowen, Bowman, Bradham, Breazeale, J. S. 
Brice, T. W. Brice, Bryan, Buist, Burn, Carver, Connor, Cunning¬ 
ham, DeHay, Dennis, Dent, Derham, Douglass, Doyle, Dudley, Efird, 
Estridge, W. D. Evans, Farrow, Field, Fitch, Floyd, Fraser, Gage, 
Garris, Gary, Gilland, J. L. Glenn, Gooding, Graham, Gray, Gunter, 
Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. Hen¬ 
derson, Wm. Henderson, Henry, Houser, Howell, Hutson, T. E. John¬ 
son, Geo. Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, 
J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, McCalla, McCaslan, 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 499 


McCown, McDermotte, McGowan, McKagen, McMahan, McMakin, 
McWhite, Matthews, Meares, Miller, Mitchell, J. D. Montgomery, 
Moore, Morrison, Mower, Murray, Nash, Nicholson, Oliver, Otts, 
Parler, Patterson, Patton, Peake, Prince, Ragsdale, Redfearn, I. R. 
Reed, Rogers, Rosborough, Rowland, Russell, Scarborough, Sheppard, 
Shuler, Singletary, Sligh, Sloan, A. J. Smith, Jeremiah Smith, W. 
C. Smith, Stackhouse, Stokes, Talbert, Taylor, B. R. Tillman, G. I). 
Tillman, Waters, Watson, Wells, Wharton, A. IT. White, S. E. 
White, Wigg, Stanyarne Wilson, W. B. Wilson, Winkler, and Wood¬ 
ward. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with 
prayer by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted to Messers. Irby and Cantey ; to Mr. J. 
W. Kennedy until Friday next. 

ACCOUNT. 

Mr. HEMPHILL presented the following account of Charles A. 
Calvo, Jr., for printing, which was read the first time and referred 
to the Committee on Contingent Accounts and Expenses : 


The State of South Carolina 

To Charles A. Calvo, Jr., Dr. 

1895. 

Nov. 7. To ptg 200 copies Convention Calendar, Oct. 24 to 
Nov. 7,1895, inclusive— 

44 pp. © $1.07. $ 47 08 

To ptg 200 copies Convention Journal, Oct. 23 to 
Nov. 6, 1895, inclusive— 

63J L. P. pp. © $1.07.$67 67 

24| Brev. pp.=35 L. P. © $1.07. 37 45— 105 12 

To ptg 200 copies Bill matter, 24 pp. © $1.87.. 44 88 

To ptg. 200 copies Convention Permanent Journal, 
sigs. 24 to 27 inclusive— 

441 L. P. pp. © $1.00.$44 25 

19f Brev. pp.=28 L. P. @$1.00. 


28 00—72 25 









500 


JOURNAL OF PROCEEDINGS, 


State of South Carolina, ) 

Richland County. \ 

Personally appeared before me Charles A. Calvo, J., who, being duly 
sworn, deposes and says that the above is a just and true account against 
the State of South Carolina, no part of which has been paid by discount or 
otherwise. 

CHARLES A. CALYO, Jr. 

Sworn to before me November 7, 1895. 

GEO. W. PARKER, [L. S.] 

Notary Public, S. C. 

Mr. MITCHELL presented the following petition, signed by 316 
citizens, which was read the first time and referred to the Committee 
on Counties and County Government: 

To the Honorable the Members of the Constitutional Convention 

of the State of South Carolina: 

Your petitioners, white voters and taxpayers in that portion of Charles¬ 
ton County proposed to be cut olf and formed into a County to be called 
“Seabrook County,” and also property holders of aforesaid section, but 
resident in Charleston, do hereby enter their solemn protest against the 
formation of said County. 

Your petitioners would respectfully show that the assessment of said 
portion of Charleston County is only $2,220,726 as assessed for the fiscal 
year 1894-95, and to defrag the expenses of said County incident to its 
formation and current expenses would require a levy of not less than 
twenty or twenty-one mills, while if we remain a portion of Charleston 
County we would be required to only pay on a levy of one-half that 
amount. 

In the first place we would have to purchase from Berkeley County the 
court house and jail. 

Second. We would have to pay Berkeley County and Charleston County 
$11,000 for the records that have been transcribed from Berkeley to Charles¬ 
ton. 

Third. We would have to pay the expenses of a County government, 
including officers’ salaries, Court expenses, maintenance of poor house and 
poor, and maintenance of roads and bridges, and countless other expenses. 

Charleston County, with an assessment of over $20,000,000, levies a 
County tax of two and one-quarter mills, thereby collecting $45,000 for the 
above purposes; and can we expect to run the said Seabrook County for 
less than one-third, which is $15,000 ? To raise which would require a levy 
of seven mills in addition to eight mills required to obtain the court house 
and records as above recited, which will make the levy for 1895-96 over 
twenty-one mills. The above figures are based on the minimum cost of 
everything, and as property holders we earnestly protest against the crea¬ 
tion of said County. 

Again, the conformation of Seabrook County makes it necessary for 
every resident living to the south of Charleston (in order to reach his court 
house) that he must pass through Charleston. Those living to the north of 
Charleston will necessarily come to Mt. Pleasant, distant only three and 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 501 


one-half miles from Charleston; so, as a matter of convenience for the ma¬ 
jority of the residents of the section, Charleston is the most convenient 
point. About 80 per cent, of the population of the proposed County reside 
to the south of Charleston, and, being the point at which they all do their 
business, should be their County seat. 

Again, the proposed County being composed of the sea islands and coast 
section is cut up by large creeks, which are crossed by expensive bridges, 
costing from $1,000 to $2,000 in their construction, and the life of these 
bridges does not exceed six years; consequently it is very doubtful if an 
eight-mill tax levy will cover the expenses of the County. This section, as 
you all know, is liable to damage by storms. We would also state that 
this section is inhabited by a large criminal class, which makes the Court 
expenses very heavy. 

We would, in the last place, call your attention to the fact that the pro¬ 
posed County has a white voting population of a little over 400, with a large 
colored vote. 

For the above reasons your petitioners would most earnestly protest 
against the formation of the said Seabrook County, and your petitioners 
will ever pray. 


REPORT OF STANDING COMMITTEE. 

Mr. FIELD, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report, which was read the first time 
and ordered for consideration to-morrow : 

The Committee on Contingent Accounts and Expenses, to whom was 
referred an ordinance providing for the disbursement of the appropriation 
made by the General Assembly to defray the expenses of this Convention, 
respectfully report that they have carefully considered the same, and make 
the within report. 

All of which is respectfully submitted, 

W. T. FIELD, Chairman, 

For Committee. 


An Ordinance Defining the Pay and Mileage of the Members, Offi¬ 
cers and Employees of This Convention. 

We, the people of South Carolina, in Convention assembled, do ordain : 

Section 1. That the following sums, if so much be necessary, be, and the 
same are hereby, appropriated to pay the expenses of the Constitutional 
Convention from the tenth day of September, eighteen hundred and ninety- 
five, to the close of the session, (except the time of the recess taken from 
the fourth day of October, eighteen hundred and ninety-five, to the fif¬ 
teenth day of October, eighteen hundred and ninety-five) to the close of 
the session, as follows: For the per diem of the members at two dollars, 
and an additional per diem of two dollars from the fifteenth day of 
October, eighteen hundred and ninety-five, to the end of the ses¬ 
sion; for the pay of S. W. Vance, Secretary of the Convention, 




502 


JOURNAL OP PROCEEDINGS, 


six hundred dollars; for the pay of P. L. Melton, Assistant Sec¬ 
retary of the Convention, four dollars per day; for the pay of H. R. 
Flannigan, Second Assistant Secretary, three dollars per day; for 
the pay of J. T. Gantt, Journal Clerk, three dollars per day, and three 
dollars per day for indexing after adjournment, not to exceed twenty (20) 
days, such number of days as are absolutely necessary to be certified to by 
the Secretary of the Convention; for the pay of D. H. Witherspoon, Bill 
Clerk, three dollars per day; for the pay of A. H. Dagnall, Reading Clerk, 
three dollars per day; for the pay of E. P. Jenkins, Postal Clerk, two dol¬ 
lars per day; for the pay of A. M. Jolly, Doorkeeper, two dollars and 
fifty cents per day; for the pay of Joseph Witherspoon, Assistant Door¬ 
keeper, two dollars per day: for the pay of W. J. Shelton, Gallery Door¬ 
keeper, two dollars per day; for the pay of Glenn Smith, James Robinson, 
J. B. Hughes, Belton Drafts Caughman, J. W. McCalla, U. R. Brooks, Jr., 
Pages of the Constitutional Convention, each one dollar and fifty cents 
per day; for the pay of W. W. Lazenberry, West Oliphant, Damon Canty, 
Council Cross, James Adamson, and Aaron Owens, Laborers, each one 
dollar and fifty cents per day; for the pay of W. Boyd Evans, Clerk of the 
Judiciary Committee, two dollars per day; for the pay of Benjamin W. 
Crouch, Clerk of the Suffrage Committee, two dollars per day; for the pay 
of Levi David, Clerk of the Educational Committee, two dollars per day ; 
for the pay of A. R. Harmon, Clerk of the Executive Com¬ 
mittee, two dollars per day; for the pay of J. W. Wessinger, 
Clerk of Legislative Committee, two dollars per day; for the 
pay of R. L. Freeman, Clerk of the Committee on Finance and 
Taxation, two dollars per day; for the pay of G. P. Smith, Clerk of the 
Committee on Declaration of Rights, two dollars per day; for the pay of 
E. W. Townsend, Clerk of the Committee on Miscellaneous Matters, two 
dollars per day; for the pay of G. H. Charles, Clerk of the Committee on 
Counties and County Government, two dollars per day; for the pay of W. 
H. Yeldell, Chief Clerk of the Engrossing Department, three dollars per 
day; for the pay of N. H. Stansell, Sergeant-at-Arms, three dollars per day ; 
for the pay of the Chaplain of the Convention, one hundred dollars. 

Section 2. Be it further ordaind that the mileage of the members, offi¬ 
cers and employees of the Convention shall be five cents per mile to and 
from the Convention by the usual routes ; and be it further ordained that 
according to a resolution passed by the Constitutional Convention on the 
twenty-first day (Thursday, October the third, eighteen hundred and nine¬ 
ty-five) the members, officers and employees of this Convention be paid five 
cents per mile going to their homes during the recess and returning there¬ 
from. 

Section 3. Be it further ordained that the following sums, if so much 
be necessary, be appropriated: to pay for the printing connected with the 

Convention.dollars; for lights and heating of the hall 

.dollars; for stationery.dollars. 

UNFINISHED BUSINESS. 

Calendar No. 46, report of Committee on Jurisprudence. 

Section 2. The pending question being the amendment proposed by 
Mr. George Johnstone, printed on page 6 of the Journal of Wednes¬ 
day, 6th of November. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 503 


The following gentlemen spoke in support of the amendment: 
Messrs. McCaslan, Talbert, Hutson and George Johnstone. 

The following gentlemen spoke in opposition to the amendment : 
Messrs. Aldrich, Stokes, Stanyarne Wilson, Bellinger and Bowman. 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 71 ; nays, 58. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Atkinson, Barker, Barton, Berry, J. S. 
Brice, T. W. Brice, Bryan, Burn, Dennis, Dent, Derham, Doyle, W. 
D. Evans, Earrow, Fitch, Floyd, Fraser, Gage, Gilland, J. L. Glenn, 
Graham, Gray, Gunter, Harrison, Hay, D. S. Henderson, Howell, 
Hutson, T. E. Johnson, George Johnstone, Wilie Jones, Keitt, 
Klugh, Lee, McCasian, McDermotte, McGowan, McKagen, Mc- 
Makin, Matthews, Meares, Miller, Mitchell, Mower, Murray, Nash, 
Oliver, Peake, Prince, Ragsdale, J. H. Read, I. R. Reed, Rogers, 
Rosborough, Russell, Scarborough, Sheppard, A. J. Smith, Jeremiah 
Smith, R. F. Smith, W. C. Smith, Stackhouse, Talbert, G. D. Till¬ 
man, Von Kolnitz, Wells, A. II. White, S. E. White, Wigg, and W. 
B. Wilson.—71. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Austin, Barry, Bates, Bellinger, Bobo, Bowen, Bow¬ 
man, Bradham, Breazeale, Buist, Carver, Cunningham, Douglass, Dud¬ 
ley, Efird, Estridge, Gamble, Gary, Gooding, Hamel, Harris, Hayns- 
worth, Hemphill, Henry, Houser, Ira B. Jones, E. J. Kennedy, Low- 
man, Lybrand, McCalla, McCown, McMahan, Me White, J. D. Mont¬ 
gomery, Moore, Nicholson, Otts, Parler, Parrott, Patterson, Redfearn, 
Rowland, Shuler, Singletary, Sligh, Stokes, Stribling, Taylor, B. R. 
Tillman, Waters, Watson, Stanyarne Wilson, Winkler, and Wood¬ 
ward.—58. 

Mr. JOHNSTONE moved to reconsider the vote whereby the Con¬ 
vention adopted the amendment, and to lay that motion on the table ; 
which was agreed to. 

Mr. GARRIS stated that he was paired with Mr. Patton, otherwise 
he would have voted “no.” 

Mr. BOWMAN stated that he was paired with Mr. Wharton, other¬ 
wise he would have voted “no.” 

Section 2 was adopted as amended. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote whereby 
Section 2 was adopted ; which was agreed to. 



504 


JOURNAL OF PROCEEDINGS, 


Mr. EFIRD moved to amend line 2 by striking out the word “all” 
before the word “cases,” and insert the word “civil.” 

Also, strike out the words “civil and criminal” on line 2. 

Also, strike out “Circuit” on line 3, and insert after “Courts” the 
words “of Common Pleas.” 

Also, on lines 4 and 5, by striking out the words “trial or prosecu¬ 
tion” and inserting the word “action.” 

Also to strike out the remainder of the Section after the word 
“ commenced” on line 5. 

Mr. D. S. HENDERSON moved to lay all of the proposed 
amendments on the table. 

The question being put: “Will the Convention agree thereto?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 118 ; nays, 11. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Anderson, Atkinson, Austin, Barker, Barry, Barton, 
Bates, Bobo, Bowen, Bowman, Bradham, Breazeale, J. S. Brice, T. 
W. Brice, Bryan, Buist, Burn, Cunningham, DeHay, Dennis, Dent, 
Derham, Douglass, Doyle, Dudley, W. D. Evans, Farrow, Field, 
Floyd, Fraser, Gage, Gamble, Gary, Gilland, J. L. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harris, Harrison, Haynsworth, 
D. S. Henderson, Henry, Houser, Howell, Hutson, T. E. Johnson, 
George Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, 
Klugh, Lee, Lowman, McCalla, McCaslan, McCown, McDermotte, 
McGowan, McKagen, McMahan, McMakin, McWhite, Matthews, 
Meares, Miller, Mitchell, J. D. Montgomery, Moore, Mower, Nichol¬ 
son, Oliver, Otts, Parrott, Patterson, Patton, Peake, Prince, Rags¬ 
dale, J. H. Read, Redfearn, I. R. Reed, Rogers, Rosborough, Row¬ 
land, Russell, Scarborough, Sheppard, Singletary, Sligh, Sloan, A. 
J. Smith, Jeremiah Smith, R. F. Smith, W. C. Smith, Stackhouse, 
Stribling, Talbert, Taylor, B. R. Tillman, G. D. Tillman, Von 
Kolnitz, Waters, Watson, Wells, A. H. White, S. E. White, Wigg, 
Stanyarne Wilson, W. B. Wilson, and Winkler.—118. 

Those who voted in the negative are : 

Nays—Messrs. Ashe, Bellinger, Efird, Estridge, Fitch, Hemphill, 
Lybrand, Nash, Shuler, Stokes, and Woodward.—11. 

Yeas, 118; nays, 11. 

Mr. B. R. TILLMAN moved to strike out the whole Section. 

The question being put, the Convention refused to strike out the 
Section. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 505 


Mr. STANYARNE WILSON moved to amend line 5, after 
“ commenced." insert the words “The State shall have the same 
right to move for a change of venue that the defendant has for such 
offenses as the General Assembly may prescribe.” 

After debate by Messrs. Stanyarne Wilson, George Johnstone, B. 
R. Tillman, Meares, Parrott and Sligh, 

Mr. GEORGE JOHNSTONE moved to lay the amendment on the 
table. 

The question being put: “ Will the Convention agree thereto ?” it 

was decided, in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 59 ; nays, 72. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Atkinson, Barker, J. S. Brice, T. W. 
Brice, Bryan, Burn, DeHay, Dennis, Dent, Derham, Doyle, Farrow, 
Fraser, Gage, Gilland, J. L. Glenn, Gray, Hay, Haynsworth, D. S. 
Henderson, Howell, Hutson, George Johnstone, Klugh, Lee, McCas- 
lan, McGowan, McMakin, Meares, Miller, Mitchell, Mower, Murray, 
Oliver, Patton, Peake, Prince, Ragsdale, J. H. Read, I. R. Reed, 
Rogers, Russell, Scarborough, Sheppard, Sloan, A. J. Smith, Jere¬ 
miah Smith, R. F. Smith, Stackhouse, Talbert, G. D. Tillman, Von 
Kolnits, Wells, Wharton, A. H. White, S. E. White, Wigg, and W. 
B. Wilson.—59. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Austin, Barry, Barton, Bellinger, Bobo, Bowen, 
Bowman, Bradham, Breazeale, Buist, Carver, Cunningham, Douglass, 
Dudley, Efird, Estridge, W. D. Evans, Field, Floyd, Gamble, Gary, 
Gooding, Graham, Gunter, Hamel, Harris, Harrison, Hemphill, 
William Henderson, Henry, Houser, T. E. Johnson, Ira B. Jones, 
Wilie Jones, Keitt, E. J. Kennedy, Lowman, Lybrand, McCalla, 
McCown, McDermotte, McKagen, McMahan, McWhite, Matthews, 
J. D. Montgomery, Moore, Nash, Nicholson, Otts, Parrott, Patterson, 
Redfearn, Rosborough, Rowland, Shuler, Singletary, Sligh, W. C. 
Smith, Stokes, Stribling, Taylor, B. R. Tillman, Waters, Watson, 
Stanyarne Wilson, Winkler, and Woodward.—72. 

The question being put upon the proposed amendment, it was 
agreed to. 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
the Convention adopted the amendment, and to lay that motion on 
the table; which was agreed to. 




506 


JOURNAL OF PROCEEDINGS, 


On Mr. Johnstone’s motion to lay on the table Mr. Wilson’s motion, 
Mr. BARKER gives as a reason for voting “aye” as follows: “1 
cannot vote to give to the Legislature the power to enact special laws 
aimed at particular communities, as advocated by the mover of the 
amendment.” 

Mr. SHEPPARD moved to amend by adding to the end of Section 
2 the following: “ Provided, That in no criminal case shall a change 
of venue be made without the recommendation of the grand jury of 
the County in which the crime was committed.” 

After debate by Messrs. Sheppard and Aldrich, 

Mr. D. S. HENDERSON - moved the following substitute for the 
proposed amendment: 

“ Provided, however, That no change of venue shall be granted in criminal 
cases until after a true bill has been found by the grand jury : And pro¬ 
vided, further, That if a change be ordered, it shall be to a County in the 
same Judicial Circuit.” 

After debate by Messrs. D. S. Henderson, Stanyarne Wilson and 
Barker, 

The pending question being the proposed substitute offered by Mr. 
D. S. Henderson for the amendment proposed to Section 2 by Mr. 
Sheppard, Mr. Barker having the floor. 

At 2 P. M., on motion of Mr. W. D. EVANS, the Convention 
receded from business until 7:30 P. M. this day. 


RECESS. 

The President resumed the chair at 7:30 P. M. 

LEAVES OE ABSENCE. 

Mr. DENNIS asked and obtained indefinite leave of absence for 
his colleague Mr. Wiggins on account of official business. 

Mr. DENNIS asked and obtained leave of absence for his colleague 
Mr. Morrison until Monday next on account of official business. 

UNFINISHED BUSINESS. 

Calendar No. 46, report of the Committee on Jurisprudence. 

Section 2. The pending question being the substitute proposed by 
Mr. D. S. Henderson for the amendment proposed by Mr. Sheppard, 
both printed in the Journal of this morning. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 507 


Mr. BARKER resumed the floor, and continued his remarks. 

Debate continued by Messrs. Rogers, B. R. Tillman, D. S. Hen¬ 
derson and Stanyarne Wilson, 

Mr. STANYARNE WILSON moved to lay the substitute of Mr. D. 
S. Henderson on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 63 ; nays, 66. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs Aldrich, 
Alexander, Ashe, Austin, Barry, Barton, Bellinger, Bobo, Bowen, 
Bowman, Bradham, Carver, Connor, Douglass, Dudley, Efird, 
Estridge, W. D. Evans, Field, Floyd, Gamble, Garris, Gary, Good¬ 
ing, Graham, Hamel, Harris, Hemphill, Wm. Henderson, Henry, 
Houser, T. E. Johnson, Wilie Jones, Keitt, Lowman, Lybrand, 
McCalla, McCown, McDermotte, McKagen, McMakin, McWhite, J. 
D. Montgomery, Moore, Nicholson, Otts, Parler, Parrott, Rosborough, 
Rowland, Shuler, Singletary, Sligh, Stokes, Stribling, Taylor, B. R. 
Tillman, Timmermann, Waters, Watson, Stanyarne Wilson, and 
Woodward.—63. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Atkinson, Barker, Bates, Berry, Brea- 
zeale, J. S. Brice, T. W. Brice, Bryan, Buist, Burn, DeHay, Dennis, 
Derham, Farrow, Fitch, Fraser, Gage, Gilland, J. L. Glenn, Gray, 
Harrison, Hay, Haynsworth, D. S. Henderson, Howell, Hutson, 
George Johnstone, Ira B. Jones, Klugh, Lee, McCaslan, McGowan, 
McMahan, Matthews, Meares, Miller, Mower, Murray, Oliver, Patton, 
Peake, Prince, Ragsdale, J. H. Read, I. R. Reed, Rogers, Russell, 
Scarborough, Sheppard, Sloan, A. J. Smith, Jeremiah Smith, R. F. 
Smith W. C. Smith, Stackhouse, Talbert, G. D. Tillman, Yon 
Kolnitz, Wells, Wharton, A. H. White, S. E. White, Wigg, W. B. 
Wilson, and Winkler.—66. 

The question being put, the Convention adopted the substitute of 
Mr. D. S. Henderson. 

Mr. D. S. HENDERSON moved to reconsider the vote whereby 
the substitute was adopted and to lay that motion on the table ; which 
was agreed to. 

Section 2 was adopted as amended. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote 
whereby the Convention had adopted Section 2 and to lay that motion 
on the table ; which was agreed to. 




508 


JOURNAL OF PROCEEDINGS, 


Mr. PATTON moved to add the following, to be known as Sec¬ 
tion 7 : 

No injunction or other civil process shall he issued at the suit of the 
State for the prevention of an act which by the law of the State consti¬ 
tutes a crime. 

After debate by Mr. Patton, 

The question being put, the proposed Section was rejected. 

Mr. PATTON moved to reconsider the vote whereby the Conven¬ 
tion rejected the proposed Section. 

Mr. BELLINGER moved to lay that motion on the table. 

The question being put: te Will the Convention agree thereto?” 
it was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 47 ; nays, 63. 

Those who voted in the affirmative are: 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Austin, Barry, Bellinger, Bobo, Bowen, Bowman, 
Breazeale, Buist, Carver, Douglass, Dudley, Efird, Estridge, Field, 
Gamble, Gooding, Gray, Hamel, Harris, Harrison, Hemphill, Wm. 
Henderson, Henry, Houser, T. E. Johnson, Ira B. Jones, Keitt, 
Lowman, McCalla, McCown, McWhite, J. D. Montgomery, Moore, 
Parrott, Rowland, Shuler, Sligh, Stokes, Talbert, Taylor, Timmer¬ 
man, Waters, Stanyarne Wilson, and Woodward.—48. 

Those who voted in the negative are : 

Nays—Messrs. Atkinson, Barker, Barton, Berry, J. S. Brice, T. 
W. Brice, Bryan, Burn, DeHay, Dennis, W. D. Evans, Farrow, 
Fitch, Floyd, Fraser, Gage, Garris, Gary, Gilland, J. L. Glenn, Hay, 
Haynsworth, D. S. Henderson, Howell, Hutson, George Johnstone, 
Klugh, McCaslan, McGowan, McKagen, McMahan, McMakin, 
Meares, Miller, Mower, Murray, Oliver, Otts, Patton, Peake, Prince, 
Ragsdale, J. H. Read, I. R. Reed, Rogers, Rosborough, Russell, 
Scarborough, Sheppard, Singletary, Sloan, A. J. Smith, Jeremiah 
Smith, W. C. Smith, B. R. Tillman, G. D. Tillman, Watson, Wells, 
Wharton, A. H. White, S. E. White, Wigg, and Winkler.—63. 

The pending question being the motion to reconsider the vote 
whereby the proposed Section 7 was rejected. 

On motion of Mr. W. D. EVANS, the Convention, at 10.50 P. M., 
adjourned until 10 A. M. to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 509 


FORTY-SECOND DAY. 


Friday, November 8, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names. Present, 140, 

Messrs. Aldrich, Alexander, Anderson, Ashe, Atkinson, Austin, 
Barker, Barry, Barton, Bates, Bellinger, Berry, Bobo, Bowen, Bow¬ 
man, Bradham, Breazeale, J. S. Brice, T. W. Brice, Bryan, Buist, 
Burn, Carver, Connor, Cunningham, DaHay, Dennis, Dent, Derham, 
Douglass, Doyle, Dudley, Efird, Estridge, W. D. Evans, Farrow, Field, 
Fitch, Floyd, Fraser, Gage, Gamble, Garris, Gary, Gilland, J. L. 
Glenn, Gooding, Graham, Gray, Gunter, Hamel, Harris, Harrison, 
Hay, Haynsworth, Hemphill, D. S. Henderson, Wm. Henderson, 
Henry, Houser, Howell, Hutson, T. E. Johnson, George Johnstone, 
Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, Klugh, Lee, Low- 
man, McCalla, McCaslan, McCown, McDermotte, McGowan, Mc- 
Kagen, McMahan, McMakin, McWhite, Matthews, Meares, Miller, 
Mitchell, J. D. Montgomery, Moore, Murray, Nash, Nathans, Nichol¬ 
son, Oliver, Otts, Parler, Parrott, Patterson, Patton, Peake, Prince, 
Ragsdale, J. II. Read, Redfearn, I. R. Reed, Rogers, Rosborough, 
Rowland, Russell, Scarborough, Sheppard, Shuler, Singletary, Sligh, 
Sloan, A. J. Smith, Jeremiah Smith, R. F. Smith, W. C. Smith, 
Smoak, Stackhouse, Stokes, Stribling, Talbert, Taylor, B. R. Tillman, 
G. D. Tillman, Timmerman, Von Kolnitz, Waters, Watson, Wells, 
Wharton, A. H. White, S. E. White, Wigg, Stanyarne Wilson, W. 
B. Wilson, Winkler, and Woodward. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 







510 


JOURNAL OF PROCEEDINGS, 


LEAVES OF ABSENCE. 

Indefinite leave was granted to Mr. J. P. Glenn and Mr. Nash ; 
nntil Monday to Mr. Carver. 

Mr. A. H. WHITE asked and obtained indefinite leave of absence 
for his colleague, Mr. J. S. Brice, on account of sickness. 

Mr. W. D. EVANS asked and obtained leave of absence for the 
day on account of important business as Railroad Commissioner. 

RESOLUTIONS. 

Mr. BREAZEALE offered the following resolution : 

Besolved, That the Secretary he instructed to have one thousand copies 
of the Journal of Friday, November 1, printed for distribution—each mem¬ 
ber of this Convention to receive five copies. 

On motion of Mr. W. D. EVANS, the resolution was laid on the 
table. 

Mr. BUIST offered the following resolution, which was considered 
immediately, and agreed to : 

Besolved, That the Secretary of this Convention be authorized to pur¬ 
chase stationery for use of this Convention to the sum of fifty dollars in 
addition to what has already been authorized, if so much is necessary. 

Mr. DUDLEY introduced the following Ordinance, which was 
read the first time, and ordered for consideration to-morrow : 

An Ordinance to Provide for an Alphabetical Index and Mar¬ 
ginal Notes to the Constitution and Ordinances of the Con¬ 
stitutional Convention of 1895. 

Whereas, it is desirable to facilitate and afford easy reference to the 
provisions of the Constitution of 1895 ; now, 

Be it ordained by the people of the State of South Carolina, in Conven¬ 
tion assembled, and by the authority of the same: 

Section 1. That the delegates to this Convention select some suitable 
person or persons to prepare a complete alphabetical index, with marginal 
notes, to the completed work of the Constitutional Convention, to be printed 
with and to form a part of this Constitution, and to provide compensation 
therefor. 


REPORT OF STANDING COMMITTEES. 

Mr. SLIGH submitted the following report; which was received 
as information and ordered printed in the Journal only, to be taken 
up in connection with Calendar No. 10, report of Committee on 
Legislative Department: 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION, oil 


The Committee on Legislative Department, to which was recommitted 
Section 84 of the Article reported by it, together with the amendments 
that were adopted thereto, respectfully report that they have carefully 
considered said Section and said amendments, and respectfully recom¬ 
mend that the Section as originally reported by the Committee be adopted. 

Respectfully, 

J. A. SLIGH, 
Chairman of Committee. 

Mr. KEITT, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report; which was considered immedi¬ 
ately, agreed to, and the account ordered paid : 

The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred account of Charles A. Calvo, Jr., for printing for $269.33, respect¬ 
fully report that they have carefully examined the same and find it correct, 
and recommend that it be paid. 

Mr. KEITT, for Committee. 

UNFINISHED BUSINESS. 

Calendar No. 46, report of Committee on Jurisprudence. 

The pending question being the motion to reconsider the vote 
whereby the Convention rejected Section 7, proposed by Mr. Patton, 
printed on page 10 of the Journal of yesterday. 

The question being put, the Convention agreed to reconsider. 

After debate by Messrs. Stanyarne Wilson, Patton, George John¬ 
stone, Breazeale and D. S. Henderson, 

Mr. B. R. TILLMAN moved the previous question on the whole 
matter ; which was agreed to. 

The following gentlemen spoke in favor of the proposed amend¬ 
ment : Messrs. George D. Tillman, Bryan, and Patton. 

The following gentlemen addressed the Convention in opposition to 
the proposed amendment: Messrs. Watson, B. R. Tillman, Parrott, 
Talbert, Efird, and Bellinger. 

Upon adoption of Section 7, proposed by Mr. Patton, 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 37 ; nays, Q5. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Barker, Berry, T. W. Brice, Bryan, 
Dennis, Farrow, Fitch, Fraser, Gage, Gilland, J. L. Glenn, Hutson, 
George Johnstone, Lee, McGowan, McMahan, Meares, Miller, Oliver, 



512 


JOURNAL OF PROCEEDINGS, 


Patton, Ragsdale, J. H. Read, I. R. Reed, Rogers, Searborough, 
Sheppard, Sloan, Jeremiah Smith, R. F. Smith, G. D. Tillman, Von- 
Kolnitz, Wells, A. H. White, S. E. White, Wigg, and W. B. Wilson. 
—37. 

Those who voted in the negative are : 

Nays—Honorable John Gary Evans, President, and Messrs. Aid- 
rich, Alexander, Ashe, Atkinson, Austin, Barry, Barton, Bates, Bel¬ 
linger, Bobo, Bowen, Bowman, Bradham, Breazeale, Buist, Burn, 
Cantey, Connor, Cunningham, DeHay, Dent, Douglass, Dudley, 
Efird, Estridge, Field, Floyd, Gamble, Garris, Gary, Gooding, Gra¬ 
ham, Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, 
Hemphill, D. S. Henderson, William Henderson, Henry, Houser, 
Howell, T. E. Johnson, Ira B. Jones, Wilie Jones, Keitt, E. J. Ken¬ 
nedy, Klugh, Lowman, Lybrand, McOalla, McCaslan, McCowan, 
McDermotte, McKagen, McMakin, Me White, Matthews, J. D. Mont¬ 
gomery, Moore, Mower, Murray, Nicholson, Otts, Parler, Parrott, 
Patterson, Peake, Prince, Redfearn, Rosborough, Rowland, Russell, 
Shuler, Singletary, Sligh, A. J. Smith, W. C. Smith, Smoak, Stokes, 
Stribling, Talbert, Taylor, B. R. Tillman, Timmerman, Waters, 
Watson, Wharton, Stanyarne Wilson, Winkler, and AVoodward.—95. 

The Article as amended was read a second time, adopted and 
ordered engrossed for a third reading to-morrow. 

REASON FOR VOTING. 

In voting “aye” I am not voting in any spirit of antagonism to 
the Dispensary system, which I heartily approve. 

But I deem it to be a principle dangerous to the future liberties of 
the people to permit a Court on its Equity side to convict and con¬ 
fine in the Penitentiary a violator of any criminal statute without 
giving him the immemorial and sacred right of a jury trial. 

R. A. MEARES. 


On motion of Mr. B. R. TILLMAN, at 2:10 P. M., the Conven¬ 
tion receded from business until 7:30 P. M. this day. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 513 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

GENERAL ORDERS. 

Third Reading. 

The following : No. 51. (Substitute.) To provide that the Gen¬ 
eral Assembly may enact such laws as may he necessary to validate 
and carry into effect subscriptions to the capital stock of certain rail¬ 
road companies heretofore voted by the County of Chesterfield and by 
the city of Spartanburg, respectively, and to validate and authorize 
the issue of bonds in payment of the same. 

Was taken up, read the third time, adopted, and ordered referred 
to the Committee on Order, Style and Revision. 

No. 37, report of Committee on Suffrage. 

Mr. GAMBLE moves to amend Section 6, line 4, by inserting after 
the words tC wife beating ” the words “desertion of wife and children.” 

Mr. B. R. TILLMAN moved to lay the amendment on the table ; 
which was agreed to. 

Mr. WIGG moved to amend line 4, by adding after the word “ big¬ 
amy” the word “lynching.” 

On motion of Mr. PATTON, the motion was laid on the table. 

Mr. MOORE moved to amend Section 4, line 3, by striking out 
“four” and insertingtwelve.” 

On motion of Mr. B. R. TILLMAN, the proposed amendment was 
laid on the table. 

Mr. TALBERT moved to amend Section 4 by striking out all after 
the word “registered,” line 21, down to and including the word 
“ more,” on line 24. 

On motion of Mr. B. R. TILLMAN, the proposed amendment was 
laid on the table. 

Mr. B. R. TILLMAN moved to amend Section 4 ( a ), lines 2 and 3 
by striking out the words “election district” and inserting the words 
“polling precincts;” which was agreed to. 

Also, to amend Section 8 by inserting at the end of the same the 
words “ The registration books shall be public records open to the 
inspection of any citizen at all times ;” which was agreed to. 

Also to amend Section 11 by striking out all after the word “legal” 
on line 2 and adding the following : Provided, Persons who will be¬ 
come of age during that period shall be entitled to registration before 
the hooks are closed ;” which was agreed to. 

33—500 



JOURNAL OF- PROCEEDINGS, 


514 


Also to amend Section 12, line 1, by striking out the word “all 
which was agreed to. 

Mr. D. S. HENDERSON moved to amend by striking out, on line 
2, same Section, the words “all of;” which was agreed to. 

Mr. HAMEL moved to amend Section 4 by striking out on line 10 
the words “eighteen hundred and ninety-eight” and inserting in 
lieu thereof the words “nineteen hundred.” 

On motion of Mr. B. R. TILLMAN, the proposed amendment was 
laid on the table. 

Also, to amend line 22 by striking out all after the word “ Consti¬ 
tution.” 

On motion of Mr. B. R. TILLMAN, the proposed amendment was 
laid on the table. 

Mr. PARLER moved to amend Section 4, line 15, by inserting after 
the word “ Court” the words “ and by him recorded in a book kept 
by him for that purpose.” 

On motion of Mr. MOORE, the proposed amendment was laid on 
the table. 

Mr. DUDLEY offered the following as a substitute for Section 4 : 

Section 4. The qualifications for suffrage shall be as follows: 

(a.) Continuous residence next preceding any election in which the 
elector offers to vote, in the State two years, in the election precinct one 
year, and payment of all legally assessed taxes, including poll tax, by those 
liable to taxation, next prior to such election: Provided, however , That 
ministers in charge of an organized church and teachers of public schools 
shall be entitled to vote after six months residency in the State and in the 
election precinct, if otherwise qualified. 

(h.) Registration which shall provide for the enrollment of every elector 
once in ten years, and also an enrollment during each and every year of 
every elector not previously registered under the provisions of this Article. 

'(c.) The Australian ballot system or some modification thereof shall be 
provided by the General Assembly. 

(d.) Managers of Election shall require of every elector offering to vote 
at any election, before allowing him to vote, proof of the payment of all 
taxes, including poll tax, assessed against him and collectible for the pre¬ 
vious year. 

(e.) The General Assembly shall provide for the issuing to each duly 
registered elector a certificate of registration, and shall provide for the re¬ 
newal of such certificate when lost, mutilated or destroyed, if the appli¬ 
cant is still a qualified elector under the provisions of this Constitution. 

(f.) Every female citizen of this State arid of the United States twenty- 
one years of age, not laboring under any of the disabilities named in this 
Constitution for males, who has acquired like residence as above, and who 
is or may become possessed of taxable property of not less than two hun¬ 
dred ( $200) dollars, and has paid all legal taxes thereon next before any 
election, shall have the right to vote, in such manner as may be prescribed 
by the General Assembly. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 515 


On motion of Mr. B. R. TILLMAN, the proposed substitute was 
laid on the table. 

Mr. PRINCE moved to amend Section 12, line 4, by striking out 
the word “ offers” and inserting the word “desires;'* which was 
agreed to. 

Also, to amend line 5 by striking out the word “voting,** and in¬ 
serting the words “obtaining a certificate of registration for muni¬ 
cipal elections;** which was agreed to. 

Also, to add to the end of the Section the words, “ The General 
Assembly shall provide for the registration of all voters before each 
election in municipalities ;** which was agreed to. 

Mr. LEE moved to amend by adding to Section 12 as follows : 
“ Provided, That nothing herein contained shall apply to any munici¬ 
pal elections which may be held prior to the general election of 1896 ;** 
which was agreed to. 

Mr. DUDLEY moved to amend Section 13, line 7, by striking out 
the word “majority/* and inserting the words “two-thirds.** 

On motion of Mr. PRINCE, the proposed amendment was laid on 
the table. 

Mr. B. R. TILLMAN moved to amend Section 12, line 7, by 
striking out the word “previously/* and inserting after the word 
“collectible** the words “for the preceding fiscal year ;** which was 
agreed to. 

Mr. PRINCE moved to amend Section 13 by inserting the word 
“municipal/* between the words “all** and “taxes/* on line 6, and 
to strike out the words “ State, County and municipal ** on line 7. 

On motion of Mr. EFIRD, the proposed amendments were laid on 
the table. 

Mr. B. R. TILLMAN moved to amend Section 4, subdivision c , 
line 11, by inserting after the word “ Constitution** the words “sub¬ 
mitted to them by the registration officer/* which was agreed to. 

Mr. B. R. TILLMAN moved to amend by adding to Section 1 the 
following: “ Each of the two political parties casting the highest 
number of votes at the preceding election shall have representation on 
the Board of Managers of Election at each polling precinct and on the 
Board of County Canvassers in each County.** 

Mr. B. R. TILLMAN moved the previous question on the whole 
matter, which was agreed to. 

The following gentlemen spoke in favor of the proposed amendment: 
Messrs. B. R. Tillman, Bellinger, Bradham, Haynsworth, Garris, 
McGowan, and Sheppard. 




516 


JOURNAL OF PROCEEDINGS, 


The following gentlemen spoke in opposition to the amendment : 
Messrs. Parrott, W. C. Smith, W. D. Evans, Floyd, McWhite, 
Buist, McCalla, Fitch, Ira B. Jones, Howell, Rogers, and Wm. Hen¬ 
derson. 

The question being put upon the amendment proposed by Mr. B. 
R. Tillman, for the Committee, “ Will the Convention agree thereto ?” 
it was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 51; nays, 74. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Barker, Bates, Bellinger, Berry, Bradham, 
T. W. Brice, Bryan, Cantey, Dudley, Farrow, Fraser, Gage, Garris, 
J. L. Glenn, Harris, Haynsworth, D. S. Henderson, Henry, Hutson, 
George Johnstone, J. W. Kennedy, Klugh, Lee, McGowan, Miller, 
Mitchell, Mower, Oliver, Otts, Patterson,. Patton, Peake, Prince, 
Ragsdale, J. IL. Read, I. R. Reed, Rowland, Sheppard, Sloan, R. F. 
Smith, Stribling, Sullivan, B. R. Tillman, G. D. Tillman, Timmer¬ 
man, Yon Kolnitz, Wells, A. H. White, S. E. White, and AYigg.—51. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Austin, Barry, Barton, Bobo, Bowen, Bowman, Brea- 
zeale, Buist, Burn, Connor, Cunningham, DeHay, Dennis, Derham, 
Efird, Estridge, W. D. Evans, Field, Fitch, Floyd, Gamble, Gary, 
Gooding, Graham, Gray, Gunter, Hamel, Harrison, Hay, Hemphill, 
AAilliam Henderson, Houser, Howell, T. E. Johnson, Ira B. Jones, 
AVilie Jones, Keitt, F. J. Kennedy, bowman, McCalla, McCaslan, 
McCown, McDermotte, McKagen, McMahan, McMakin, McWhite, 
Matthews, Moore, Murray, Parrott, Perritte, Rogers, Rosborough, 
Russell, Shuler, Singletary, Sligh, A. J. Smith, AY. C. Smith, 
Smoak, Stackhouse, Stokes, Talbert, Taylor, AYaters, AA r atson, 
Wharton, AVinkler, and Woodward.—74. 

Mr. PARLFR stated that he was paired with Mr. Jeremiah Smith, 
otherwise he would vote “no.” 

Mr. AY. D. EALANS moved to reconsider the vote whereby the Con¬ 
vention rejected the proposed amendment and to lay that motion on 
the table ; which was agreed to. 

The question being put : “ Shall this Article be adopted and 
ordered to the Committee on Style and Revision,” 

“ AY ill the Convention agree thereto?” is was decided in the affirm¬ 
ative. 

The yeas and nays were requested, and are as follows : 

Yeas, 77 ; nays, 41. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 517 


Those who voted in the affirmative are : 

Yeas—Honorable John Gary Evans, President, and Messrs. Alex¬ 
ander, Ashe, Atkinson, Barry, Barton, Bellinger, Bowen, Bowman, 
Bradham, Breazeale, T. W. Brice, Bryan, Buist, Burn, Cantey, Con¬ 
nor, Cunningham, Efird, Estridge, Farrow, Field, Fitch, Fraser, 
Gage, Garris, Gary, J. L. Glenn, Gooding, Graham, Gunter, Hamel, 
Harris, Harrison, Hay, Iiaynsworth, D. S. Henderson, Houser, 
Howell, Hutson, George Johnstone, Ira B. Jones, Keitt, E. J. Ken¬ 
nedy, J. W. Kennedy, Klugh, Lee, Lowman, McCalla, McCaslan, 
McGowan, McKagan, Me White, Matthews, Mitchell, Mower, Oliver, 
Otts, Parler, Peake, Prince, Ragsdale, Rowland, Russell, Singletary, 
Sligh, Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, B. R. 
Tillman, W T aters, Watson, Wells, A. H. White, S. E. White, and 
Woodward.— 77. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Austin, Barker, Bates, Bobo, Burn, De- 
Hay, Dennis, Derham, Dudley, W. D. Evans, Floyd, Gamble, Gray, 
Hemphill, William Henderson, Henry, . T. E. Johnson, Mc- 
Cown, McDermotte, McMahan, McMakin, Miller, Moore, Murray, 
Patton, J. H. Read, I. R. Reed, Rogers, Rosborougli, Sheppard, 
Shuler, A. J. Smith, R. F. Smith, W. C. Smith, Taylor, G D. Till¬ 
man, Timmerman, Wharton, Wigg, and Winkler.—41. 

Mr. VON KOLNITZ was paired with Mr. Jervey, otherwise he 
would have voted “yea.” 

REASONS GIVEN FOR VOTING ON THE FINAL ADOPTION 
OF THE ARTICLE. 


I voted “no” on the Article on right of suffrage, for these reasons: 

1. It places the eligibility of electors within the arbitary will, possibly of a 
partisan, and requires qualifications of electors, if fairly applied, which will 
exclude a large number of worthy men, who will be deprived of the privi¬ 
lege enjoyed in the past from no fault of their own. 

2. And for the further reason: White supremacy may be secured 
without resorting to the perhaps questionable means adopted by the Con¬ 


vention. 


T. E. DUDLEY. 


I voted “no” on the adoption of this section of the Constitution because 
I am opposed to the educational and property qualifications. 

McDERMOTTE. 

I voted “aye” on the adoption of the report of the Committee on Suf¬ 
frage, but still entertain the same objections presented by me on page 13 of 
the Journal of the thirty-eighth day. 


J. W. HAMEL. 




518 


JOURNAL OF PROCEEDINGS, 


I vote “ no ” on the amendment because the provision could not be com¬ 
plied with in some instances in Horry County, and we need no constitu¬ 
tional provision to make us count all votes cast. 

DERHAM. 


I vote “no” on the final passage of this Article for the reason that I am 
opposed to the property qualification. 


W. D. EVANS. 


After offering every opposition in my power to the property qualification, 
and having failed to strike out that provision in the report of the Commit¬ 
tee on Suffrage, I feel constrained to vote for the adoption of the plan in 
obedience to the majority vote of the Democratic members of the Conven¬ 
tion. W. J. TALBERT. 

I cannot vote for the Article on Right of Suffrage for the following rea¬ 
sons: First, because the Article requires an educational and property 
qualification for voting. 

Second, because the educational qualification prescribed discriminates in 
favor of one class and against another class of citizens. 

Third, because the Reform faction, which dominates this Convention, 
and of which faction I am a member, is pledged “not to disfranchise any 
white man except for crime.” 

Fourth, because the Article subjects this Convention to the charge of 
conspiracy to defraud a certain class of American citizens in the exercise of 
the elective franchise, and I greatly fear this charge may be sustained in 
the United States Supreme Court. 

Fifth, because if this charge be sustained by the State or Federal Court, 
at least fifteen thousand illiterate white men registered under the under¬ 
standing clause of the Article will be disfranchised. 

J. W. GRAY. 


T. E. Johnson votes “no” because of his pledges that he would oppose 
an educational or property qualification for suffrage. 


LEAVES OF ABSENCE 

Were granted the following gentlemen : Until Monday to Messrs. 
Houser, Meares, Keitt and MeCalla; and indefinite leave to Mr. 
Jeremiah Smith. 

Mr. AUSTIN moved to recur to the morning hour; which was 
agreed to. 


REPORT OF STANDING COMMITTEE. 

Mr. AUSTIN, for the Committee on Counties and County Govern¬ 
ment, submitted the following report, which was read the first time, 
and ordered for consideration to-morrow : 

The Committee on Counties and County Government, to whom was re¬ 
ferred a petition from certain persons of Charleston and Berkeley Coun¬ 
ties petitioning for the formation of a new judicial and election County to 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 519 


be known as Seabrook County, and also a petition from the said Counties 
in opposition to the formation to the said Seabrook County, would respect¬ 
fully report that they have given the two petitions due and careful con¬ 
sideration and have heard arguments pro and con from respective repre¬ 
sentatives, and find much merit and just claim in the petition in those 
praying for the formation of the said Seabrook County, and would re¬ 
spectfully recommend the passage of the following ordinance that they 
may get the relief prayed for in their petition before the Legislature. 

J. THOMAS AUSTIN, Chairman. 

An Ordinance to Relieve the Contemplated New County of Sea¬ 
brook from the Provisions of this Constitution. 

Be it ordained by the people of South Carolina, in regular convention 
assembled, That nothing in the Constitution ordained and established by 
the people of the State of South Carolina, now in regular convention as¬ 
sembled, shall inhibit the General Assembly from organizing a new County 
from portions of Charleston and Berkeley Counties, as will more fully ap¬ 
pear by a map now on. file in the office of Secretary of State made by Henry 
Morrison, said new County to be known as Seabrook County, with its 
County seat at Mount Pleasant. 

On motion of Mr. McDERMOTTE, the Convention, at 11:45 
o'clock, adjourned until 10 A. M. to-morrow. 


FORTY-THIRD DAY. 


Saturday, November 9, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. Present—138. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Aldrich, Alexander, 
Anderson, Ashe, Atkinson, Austin, Barker, Barry, Barton, Bates, 
Bellinger, Berry, Bobo, Bowen, Bowman, Bradham, Breazeale, T. 
W. Brice, Bryan, Buist, Burn, Cantey, Connor, Cooper, Cunning¬ 
ham, DeHay, Dennis, Dent, Derham, Douglass, Doyle, Dudley, 






520 


JOURNAL OF PROCEEDINGS, 


Efird, Estridge, W. D. Evans, Farrow, Field, Fitch, Floyd, Fraser, 
Gage, Gamble, Garris, Gary, Gilland, J. L. Glenn, Gooding, Graham, 
Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, Hemp¬ 
hill, D. S. Henderson, Wm. Henderson, Henry, Houser, Howell, 
Hutson, T. E Johnson, George Johnstone, Ira B. Jones, Wilie Jones, 
Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, 
Lybrand, MeCalla, McCaslan, McOown, McDermotte, McGowan, Mc- 
Kagen, McMahan, McMakin, McWhite, Matthews, Miller, Mitchell, 
J. D. Montgomery, Moore, Mower, Murray, Nicholson, Oliver, Otts, 
Parler, Parrott, Patterson, Patton, Peake, Perritte, Prince, Ragsdale, 
J. H. Read, Redfearn, I. R. Reed, Rogers, Rosborough, Rowland, 
Russell, Scarborough, Sheppard, Shuler, Singletary, Sligh, Sloan, 
A. J. Smith, R. F. Smith, W. C. Smith, Smoak, Stackhouse, Stokes, 
Stribling, Sullivan, Talbert, Taylor, B. R. Tillman, G. D. Tillman, 
Timmerman, Yon Kolnitz, Waters, Watson, Wells, Wharton, A. H. 
White, S. E. White, Wigg, Stanyarne Wilson, Winkler, and Wood¬ 
ward. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 


LEAVE OF ABSENCE 

Was granted the following delegates : Until the 18th, to Messrs. 
Miller, Barker and Aldrich; until Tuesday to Messrs. Bradham, 
Sheppard, J. D. Montgomery, Klugh and Sligh. 

REPORT OF STANDING COMMITTEE. 

Mr. McCOWN submitted the following : 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred an Article relating to jurisprudence, beg leave to report that the 
same has been correctly engrossed and revised. 

R. M. McCOWN, for Committee. 

UNFINISHED BUSINESS. 

No. 10, report of Committee on Legislative Department, on motion 
of Mr. SLIGH, was passed to be taken up on Tuesday next at 7:30 
P. M., and from day to day until disposed of. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 521 


GENERAL ORDERS. 

Third Reading. 

No. 46, report of Committee on Jurisprudence. 

Mr. SHEPPARD offered the following as a substitute for Section 5 : 

The General Assembly shall make provision to compile, digest and 
arrange under proper heads the body of our laws, civil and criminal, and 
form a penal code, and have the same promulgated in such manner as they 
may direct. A like compilation, digest and promulgation shall be made 
every ten years. 

After debate by Messrs. Sheppard, Hutson, Bellinger, McWhite, 
Bryan and Lee, 

Mr. B. R. TILLMAN moved that at 1:45 P. M., if the subject be 
not sooner disposed of, a vote be taken on Section 5 : which was 
agreed to. 

The question being put on Mr. Sheppard’s proposed amendment, 
it was rejected. 

Mr. STRIBLING offered the following : Amend Section 5, line 16, 
by inserting between the words “the” and “session” the word 
“ first;” which was agreed to. 

Also, same Section, line 17, by striking out the words “within less 
than ten days thereafter” and inserting the words “until the next 
session of the said General Assembly;” which was agreed to. 

Mr. BELLINGER moved to amend line 2, after the word “ap¬ 
pointment,” by inserting the words “or elections ;” which was agreed 
to. 

Also, line 3, by striking out the word “ civil;” which was agreed to. 

Also, line 6, by striking out the words “ or Commissioners ;” which 
was agreed to. 

Also, line 6, by striking out the word “ civil;” which was agreed to. 

Also, line 12, by striking out all after the word “proper,” down to 
and including the word “State” on line 14;” which was agreed to. 

Mr. EFIRD moved to amend line 17 by striking out all after the 
word “thereafter” down to and including the word “adopted” on 
line 21, and inserting the following : “ The said codes shall be declared 
by the General Assembly in an Act passed according to the forms of 
this Constitution for the enactment of laws, to be the only general 
statutory law of the State ;” which was agreed to. 

Mr. SHEPPARD moved to strike out Section 5. 

On motion of Mr. BELLINGER, the motion was laid on the table. 








522 


JOURNAL OF PROCEEDINGS, 


Mr. IRA B. JONES moved to amend line 22 by inserting after 
the word “except” the words “by Bill passed ;” which was agreed to. 

Mr. BELLINGER moved to amend line 2 by striking out the 
words “one or more Commissioners” and by inserting the words “a 
Commissioner ;” which was agreed to. 

Mr. EFIRD moved to amend line 9 by striking out “or their;” 
which was agreed to. 

Mr. BELLINGER moved to amend line 24 by striking out the 
word “Commissioners ” and inserting the word “Commissioner;” 
which was agreed to. 

Also, to amend line 24 by inserting after the word “Commissioner” 
the words “not exceeding five hundred dollars per annum.” 

Mr. PATTERSON moved to lay the proposed amendment on the 
table. 

The question being put, the Convention refused to lay the amend¬ 
ment on the table. 

The amendment was then adopted. 

Mr. BELLINGER moved to amend line 26 by striking out the 
word “their” and inserting the word “ his which was agreed to. 

The Section was then adopted as amended. 

Mr. BELLINGER moved to reconsider the vote whereby the Sec¬ 
tion as amended was adopted, and to lay that motion on the table ; 
which was agreed to. 

Section 6. Mr. ROGERS moved to strike out Section 6. 

After debate by Messrs. Rogers, Prince, D. S. Henderson, J. L. 
Glenn and Bradham, 

Mr. D. S. HENDERSON moved to lay the motion to strike out 
on the table ; which was agreed to. 

Mr. D. S. HENDERSON moved to amend as follows : By striking 
out on line 2 the words “either by force or strategy” and inserting 
the words “through his negligence, permission or connivance.” 

After debate by Messrs. B. R. Tillman, Bradham, Lee, D. S. Hen¬ 
derson, George Johnstone and Bellinger, 

Mr. W. D. EVANS moved that when this Convention adjourn it 
stand adjourned until 11:30 A. M. Monday next; which was agreed to. 

Mr. LEE moved to amend the amendment by inserting the word 
“gross” before the word “negligence.” 

On motion of Mr. D. S. HENDERSON, the motion was laid on 
the table. 

The amendment of Mr. D. S. Henderson was adopted. 

Mr. STANYARNE WILSON moved to amend by adding after the 
word “ elect” the words “in the same Circuit;” which was agreed to. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 523 


Also, to strike out the word “ District” and insert the word “Cir¬ 
cuit ;” which was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend as follows: Strike 
out all of the following words : “who shall be tried in such County, 
other than the one in which the offense was committed, as the Attor¬ 
ney General may elect.” 

Mr. BITIST moved to lay the amendment on the table. 

The question being put: “Will the Convention agree thereto?” 
it was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 50; nays, 50. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Austin, Bellinger, Berry, Bobo, Bowen, Breazeale, 
Buist, Cantey, * Cunningham, DeHay, Douglass, Doyle, Dudley, 
Estridge, Gage, Gamble, Garris, Gary, Gray, Gunter, Hamel, Harris, 
Hemphill, Henry, T. E. Johnson, J. W. Kennedy, Klugh, Lowman, 
McCown, McMahan, McWhite, Murray, Nicholson, Patterson, I. R. 
Reed, Singletary, Smoak, Stokes, Stribling, Sullivan, Taylor, B. R. 
Tillman, Waters, Wigg, Stanyarne Wilson, and Woodward.—50. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Anderson, Barker, Bowman, T. W. Brice, 
Bryan, Burn, Dennis, Farrow, Field, Fitch, Fraser, J. L. Glenn, 
Gooding, Harrison, Hay, Haynsworth, Wm. Henderson, George 
Johnstone, Ira B. Jones, E. J. Kennedy, Lee, McCaslan, McGowan, 
McKagen, McMakin, Mitchell, J. D. Montgomery, Mower, Oliver, 
Otts, Patton, Perritte, Prince, J. H. Read, Rogers, Russell, Shep¬ 
pard, Shuler, A. J. Smith, R. F. Smith, Stackhouse, G. D. Tillman, 
Timmerman, Von Kolnitz, Wells, Wharton, A. H. White, S. E. 
White, and Winkler.—50. 

Mr. WILIE JONES submitted the following account, which was 
read the first time and referred to the Committee on Contingent 
Account and Expenses : 


Columbia, S. C., Oct. 28th, 1895. 
Mr. S. W. Vance, Secretary Constitutional Convention, 

To W. J. Duffie, Dr. 

Oct. 28—To 1 box paper fasteners, No. 1, 15c.; No. 2, 20c.; No. 3, 

25c.; No. 4, 40c. $1 00 

Columbia, S. C., Nov. 9th, 1895. 
Mr. S. W. Vance, Secretary Constitutional Convention, 

To W. J. Duffie, Dr. 

Nov. 9—To 2 gross caligraphic pencils, $3. $6 00 






524 


JOURNAL OF PROCEEDINGS, 


The pending question being the proposed amendment of Mr. George 
Johnstone, 

On motion of Mr. PATTERSON, the Convention, at 2:30 P. M., 
adjourned until 11:30 A. M. Monday next. 


FORTY-FOURTH DAY. 


Monday, November 1 1, 1895. 


The Convention assembled at 11:30 o’clock A. M. 

The Secretary called the roll—present, 125. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Bellinger, Berry, 
Bobo, Bowen, Bowman, Breazeale, J. S. Brice, T. W. Brice, Bryan, 
Buist, Burn, Cantey, Clayton, Connor, Cunningham, DeHay, Dennis, 
Dent, Derham, Douglass, Hoyle, Dudley, Ellerbe, Estridge, W. D. 
Evans, Earrow, Field, Fitch, Floyd, Fraser, Gage, Gamble, Garris, 
Gary, Gilland, J. L. Glenn, Gooding, Graham. Gray, Gunter, Hamel, 
Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. Henderson, 
Wm. Henderson, Henry, Houser, Howell, T. E. Johnson, George 
Johnstone, Ira B. Jones, Wilie Jones, E. J. Kennedy, J. W. Ken¬ 
nedy, Lee, Lowman, McCalla, McCaslan, McCown, McDermotte, Mc¬ 
Gowan, McKagen, McMahan, McMakin, McWhite, Matthews, Mitch¬ 
ell, J. D. Montgomery, W. J. Montgomery, Moore, Mower, Murray, 
Nathans, Nicholson, Oliver, Otts, Parler, Parrott, Patterson, Patton, 
Peake, Perritte, Prince, J. H. Read, Redfearn, I. R. Reed, Rogers, 
Rosborough, Rowland, Russell, Scarborough, Shuler, Singletary, 
Sligh, Sloan, A. J. Smith, Jeremiah Smith, R. F. Smith, W. C. 
Smith, Smoak, Stokes, Stribling, Sullivan, Talbert, Taylor, B. R. 
Tillman, G. D. Tillman, Timmerman, VonKolnitz, Waters, Watson, 
Wells, Wharton, A. H. White, Wigg, Stanyarne Wilson, W. B. Wil¬ 
son, Winkler and Woodward. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 525 


The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Ab:n t ey. 

The Journal of yesterday's proceedings was read, and confirmed. 
LEAVES OE ABSENCE. 

Mr. FRASER asked and obtained leave of absence until Tuesday 
evening. 

Messrs. Von Kolnitz, Fitch and Oliver were granted leave of ab¬ 
sence until 11 A. M. on Monday next. 

Messrs. Bellinger and Wigg were granted indefinite leave of ab¬ 
sence on account of important business. 

I was present Thursday, November 7, but failed to answer to my 

name. R. F. SMITH. 

* 

Mr. Perritt was present just after roll call on Friday, November 8, 
and asks to be recorded as present. 

Also, to be excused on account of sickness for his absence on Tues¬ 
day, Wednesday and Thursday, November 5, 6 and 7. 

RESOLUTIONS. 

Mr. GARY offered the following resolution : 

Be it resolved by the Constitutional Convention, now assembled, That 
hereafter the speeches of delegates shall be limited to ten (10) minutes: 
Provided, however, That the Convention may extend the time whenever it 
may deem it proper to do so. 

Mr. B. R. TILLMAN offered the following as a substitute for the 
above, which was adopted : 

Resolved, That the Committee on Rules be instructed to consider and re¬ 
port Wednesday morning the day for final adjournment of this Conven¬ 
tion ; and that it be authorized to arrange a schedule of work for the Con¬ 
vention, fixing limits for debate, length of speeches and time of voting on 
the various Articles and matters yet to be considered and acted on. 

Mr. McGOWAN offered the following resolution : 

Resolved, 1st. That all leaves of absence heretofore granted be, and the 
same are hereby, revoked. 





526 


JOURNAL OF PROCEEDINGS, 


2nd. That the Sergeant-at-Arms he, and is hereby, instructed to notify 
all absentees to report immediately to this Convention under penalties to 
be imposed by this body. 

3rd. That no leave of absence be hereafter granted except in cases of 
sickness. 

Mr. HAYNSWORTH moved to lay the resolution on the table ; 
which was agreed to. 

UNFINISHED BUSINESS. 

Calendar No. 46. report of the Committee on Jurisprudence. 

The pending question being the proposed amendment to Section 6 
of Mr. George Johnstone, printed in the Journal of November 9tli, 
page 4. 

Mr. GEORGE JOHNSTONE asked and obtained permission to 
withdraw the proposed amendment. 

Mr. BELLINGER offered the following as a substitute for Sec¬ 
tion 6 : 

Section 6. In the case of any prisoner in the lawful custody or under the 
control of any Sheriff being taken away by any mob, or other unlawful 
assemblage of persons, and suffering bodily injury or death at their hands, 
the said Sheriff shall be proceeded against by impeachment at the next ses¬ 
sion of the General Assembly, as provided in this Constitution in the case 
of executive and judicial officers. And it shall be the duty of the Solicitor 
of the Circuit, or other prosecuting attorney, and of the Attorney Gen¬ 
eral, to present to the General Assembly such ex parte affidavits as they 
may be able to obtain tending to sustain the impeachment. The official 
bond of the Sheriff shall be liable in a sum of not less than two 
thousand dollars as a penalty, payable to the person so injured, or, in 
case of death resulting from violence received as aforesaid, to the legal 
representative of said person, the same to be recovered by suit in any 
Court of competent jurisdiction: Provided, That nothing herein contained 
shall be construed as relieving the Sheriff of any criminal liability at com¬ 
mon law or under the statute. 

Mr. GARY moved to lay the substitute of Mr. Bellinger on the 
table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 89 ; nays, 22. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Austin, Barry, Barton, Bobo, 
Bowen, Bowman, Cantey, Clayton, Connor, DeHay, Dennis, Dent, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 527 


Doyle, Dudley, Ellerbe, Estridge, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Gamble, Garris, Gary, Gilland, Gooding, Graham, Gray, 
Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, 
William Henderson, Houser, Howell, T. E. Johnson, Ira B. Jones, 
Wilie Jones, J. W. Kennedy, Lee, Lowman, McCaslan, McDermotte, 
McGowan, McKagen, McMakin, Me White, Matthews, W. J. Mont¬ 
gomery, Moore, Murray, Nathans, Nicholson, Oliver, Parler, Patton, 
Peake, Perritte, Prince, J. H. Read, Redfearn, Rogers, Rosborough, 
Rowland, Russell, Scarborough, Shuler, Singletary, Sloan, A. J. 
Smith, R. F. Smith, Smoak, Stribling, Sullivan, Taylor, B. R. Till¬ 
man, Waters, Watson, Wells, Wharton, A. H. White, Stanyarne 
Wilson, Winkler, and Woodward.—89. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Atkinson, 
Bates, Bellinger, Berry, Burn, Douglass, Fraser, Gage, J. L. Glenn, 
George Johnstone, E. J. Kennedy, McCown, McMahan, Mitchell, 
Otts, Parrott, Patterson, I. R. Reed, W. 0. Smith, Stokes, and G. D. 
Tillman.—22. 

Mr. B. R. TILLMAN offered the following amendment to be added 
t(* the end of Section 6 : 

Provided, also, In all cases of lynching the County where such lynching 
takes place shall, without regard to the conduct of the officer, be liable in 
exemplary damages of not less than $1,000 to the person so injured or to 
his legal representatives if killed. 

Mr. GRAY moved to amend by striking out “one” and inserting 
the word “two.” 

Mr. TILLMAN accepted the amendment. 

Mr PATTERSON moved to strike out the word “two” and in¬ 
sert the word “ one.” 

Mr. OTTS moved to lay the amendment to the amendment on the 
table. # 

The question being put, the Convention refused to lay the amend¬ 
ment to the amendment on the table. 

After debate by Messrs. George Johnstone, Patterson, Prince, W. 
D. Evans and Stanyarne Wilson, 

The question being put on Mr. Patterson's amendment: “ Will the 
Convention agree thereto ?” it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 65 ; nays, 48. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Austin, Barry, Barton, Bates, 
Bobo, Bowen, Bowman, Cantey, Connor, Dellay, Dennis, Dent, 



528 


JOURNAL OF PROCEEDINGS, 


Douglass, Doyle, Dudley, Estridge, W. D. Evans, Field, Gamble, 
Garris, Gilland, J. L. Glenn, Gooding, Graham, Gunter, Hamel, Har¬ 
ris, Harrison, Ilaynsworth, Wm. Henderson, Houser, Ira B. Jones, 
E. J. Kennedy, J. W. Kennedy, Lowman, McOown, McMakin, Mc- 
White, Matthews, Mitchell, Moore, Murray, Parrott, Patterson, Per- 
ritte, Prince, J. H. Read, Rogers, Rosborough, Rowland, Shuler, Sin¬ 
gletary, A. J. Smith, R. F. Smith, W. C. Smith, Smoak, Stokes, 
Stribling, Waters, Wharton, Stanyarne Wilson, Winkler, and AYood- 
ward.—65. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Atkinson, 
Bellinger, Berry, Breazeale, Burn, Clayton, Farrow, Fitch, Floyd, 
Fraser, Gage, Gary, Gray, Hay, Hemphill, Henry, Howell, T. E. 
Johnson, George Johnstone, Wilie Jones, Lee, McCaslan, McDer- 
motte, McGowan, McKagen, McMahan, W. J. Montgomery/Nathans, 
Nicholson, Oliver, Otts, Parler, Patton, Peake, Redfearn, I. R. Reed, 
Russell, Scarborough, Sloan, Sullivan, Taylor, B. R. Tillman, G. D. 
Tillman, Timmerman, Watson, Wells, and A. H. White.—48. 

REASON FOR VOTING. » 

Every murderer should be held personally responsible for his acts ; 
therefore I vote “yea.” 

H. M. BARTON. 

Mr. BELLINGER moved to amend Mr. B. R. Tillman's amend¬ 
ment by inserting the words, * e in cases of lynching the County shall. ” 

On motion of Mr. ROGERS, further debate on the Section was ad¬ 
journed over until Monday next. 

Mr. B. R. TILLMAN moved that Section 6, as amended, be printed 
in the Journal. Also, that all proposed amendments be printed in 
the Journal; which was agreed to. • 

The pending question being the proposed amendment of Mr. B. R. 
Tillman. 


SECTION 6 AS IT NOW STANDS. 

Section 6. In the case of any prisoner lawfully in the charge, custody or 
control of any officer, State, County or municipal, being seized and taken 
from said officer, through negligence, permission or connivance, by a mob or 
other unlawful assemblage of persons, and at their hands suffering bodily 
violence or death, the said officer shall be deemed guilty of a misdemeanor, 
and upon true bill found shall be deposed from his office pending his trial, 
and upon his conviction shall forfeit his office, and shall, unless pardoned 
by the Governor, henceforth be ineligible to hold any office of trust or 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 529 


profit within this State. It shall he the duty of the prosecuting attorney 
within whose Circuit or County the offense may he committed to forthwith 
institute a prosecution against said officer, who shall he indicted and tried 
in such County, other than the one in which the offense was committed, as 
the Attorney General may elect, in the same Circuit. The fees and mileage 
of all material witnesses, hoth for the State and for the defense, shall be 
paid hy the State Treasurer, in such manner as may he provided hy law. ” 

PROPOSED AMENDMENT OF MR. GEORGE JOHNSTONE. 

Strike out the words, “ who shall he indicted and tried in such Couty, other 
than the one in which the offense was committed, as the Attorney General 
may elect, in the same Circuit.” 

GENERAL ORDERS. 

Mr. GRAY moved to take up out of its order 

No. 52, an ordinance relating to subscriptions by Greenville County 
to certain railroads ; which was agreed to. 

Mr. AUSTIN moved to amend as follows : 

Provided, The said railroad company shall comply with all the con¬ 
ditions upon which said bonds were originally voted: And provided, further, 
That the qualified electors of said County shall reaffirm the grant of author¬ 
ity to issue said bonds at an election called for the purpose within such 
time as the General Assembly may prescribe. 

Which was agreed to. 

The ordinance as amended was read a second time and ordered 
engrossed for a third reading to-morrow. 

Calendar No. 60, an ordinance to relieve the contemplated new 
County of Seabrook from the provision of this Constitution, was 
taken up. 

Mr. AUSTIN asked and obtained permission to withdraw the 
ordinance from the files of the Convention. 

Calendar No. 40, minority report of the Committee on Education 
(Messrs. Watson and Houser), on motion of Mr. WATSON, was with¬ 
drawn from the files of the Convention. 

Calendar No. 39, minority report of Committee on Education (Mr. 
E. J. Kennedy); 

Calendar No. 41, report of Committee on Education (Mr. Mitchell 
for Committee); 

On motion of Mr. WATSON, were made special orders for Wednes¬ 
day next at 10 A. M. and from day to day until disposed of. 

Calendar No. 30, report of Committee on Corporations (Mr. Bellinger 
for Committee). 

34—500 




530 


JOURNAL OF PROCEEDINGS, 


Section 1 was adopted as reported by the Committee. 

Section 2. Mr. YON KOLNITZ moved to amend line 3, after the 
the word “ State," by inserting the words “ or may be provided for in 
this Constitution which was agreed to. 

The Section as amended was adopted. 

Section 3. Mr. HAYNSWORTH moved to amend line 3 by striking 
out the words “ and telephone which was agreed to. 

Mr. STOKES moved to amend line 3 hy inserting after the word 
“companies" the words “and other transmitting companies ;" which 
was agreed to. 

Mr. B. R. TILLMAN moved to amend line 4 by inserting after the 
word “liability" the words “and taxation ;" which was agreed to. 

The Section as amended was adopted. 

Section 4. Mr. GEORGE JOHNSTONE moved to amend line 2 
by striking out the words “ corporation organized or doing business 
in this State," and iusert the same words on line 1 after the word 
“every ;" which was agreed to. 

Mr. HAYNSWORTH moved to amend lines 4 and 5 by striking 
out the words “where transfers of stock shall be made, and in which 
shall be kept," and insert in lieu thereof the words “and in case of 
insurance and guaranty companies there shall be kept therein." 

The pending question being the proposed amendment of Mr. Hayns- 
worth. 

On motion of Mr. STANYARNE WILSON, the Convention at 2 
P. Mo receded from business until 5:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 5:30 P. M. 

LEAVES OF ABSENCE. 

Indefinite leave was granted to Mr. Meares on account of sickness, 
and to Mr. Hutson until Wednesday. 

No. 30, report of the Committee on Corporations. 

Section 4. The pending question being the proposed amendment of 
Mr. Ilaynsworth. 

After debate by Messrs. Ilaynsworth, W. B. Wilson, J. L. Glenn, 
Mr. HAYNSWORTH moved to amend Section 4 by striking out all 
after the word “business." 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 531 


Mr. HAYNS WORTH asked and obtained permission to withdraw 
his proposed amendment, printed in the Journal of this morning. 

On motion of Mr. STOKES, further debate was adjourned on the 
Section until 10 A. M. to-morrow. 

Mr. STOKES moved to reconsider the vote whereby Section 3 was 
adopted as amended ; which was agreed to. 

Mr. STOKES moved the following as a substitute for Section 3 : 

Section 3. All railroads and roadways, canals and other waterways, used 
in whole or in part by corporations for the transportation of persons or 
freight for hire are public highways. All railroads, express, sleeping car, 
canal and other corporations engaged in transportation for hire, and all 
telegraph and other corporations engaged in the business of transmitting 
intelligence for hire, are common carriers in their relative lines of busi¬ 
ness, and are subject to liability and taxation as such. It shall be unlaw¬ 
ful for any such corporation to make any contract relieving it of its com¬ 
mon law liability. 

On motion of Mr. STOKES, the proposed substitute was ordered 
printed in the Journal, and that further debate be adjourned until to¬ 
morrow. 

Mr. LEE moved to amend Section 3 as amended by adding thereto 
the following : “ or limiting the same.” » 

Section 5. Mr. STOKES moved to amend as follows: After the 
word “persons,” on line 4, insert the following : “and no railroad or 
transportation company or corporation shall charge a higher rate per 
ton per mile to any station, landing or port in the State, for the 
transportation of any class of freight, than the said company or cor¬ 
poration charges on the same class of freight to any station, landing 
or port out of this State ;” which was agreed to. 

Also, to insert between the words “or” and “coming,” on line 2, 
the words “ for the transmission of intelligence ;” which was agreed to. 

Also, in line 3, insert after the word “'company” the words “ or 
transmission which was agreed to. 

The Section as amended was adopted. 

Section 6. Mr. STOKES offered the following as a substitute : 

Any railroad or other transportation corporation, and any telegraph or 
other transmitting corporation, organized under the laws of this State, 
shall have the right to connect its roads or lines at the State line with 
those in other States; and shall have the right to intersect with or cross 
any other railroad, street railway, transportation road or transmitting 
line, and shall each receive and transport the freight, passengers, cars 
(loaded or empty), and messages delivered to it by another without delay 
or discrimination. 

The substitute was adopted as Section 6. 



532 


JOURNAL OF PROCEEDINGS, 


Section 7. Mr. STOKES moved to amend line 1 by inserting after 
the word “company” the words “and no telegraph or other trans¬ 
mitting company ;" which was agreed to. 

The Section as amended was adopted. 

Section 8. Mr. GLENN" moved to amend line 6 by inserting after 
the word “State" the words “unless the railroad so operated or 
leased is owned by a corporation chartered by the laws of this State." 

After debate by Messrs. Prince, George Johnstone, W. B. Wilson, 
J. L Glenn, and B. R. Tillman, 

Mr. PRINCE moved to strike out the entire Section. 

The question being put, the Convention refused to strike it out. 

Mr. W. B. WILSON moved to lay the amendment of Mr. J. L. 
Glenn on the table ; which was agreed to. 

Mr. B. R. TILLMAN moved to amend as follows : by inserting on 
line 3, after the word “operated," the words “or is now being oper¬ 
ated in this State ;" which was agreed to. 

The Section as amended was adopted. 

Section 9. Mr. STANYARNE WILSON moved to amend by in¬ 
serting the word “special" online 1 after the word “any;" which 
was agreed to. 

Mr. OLIVER moved to amend by adding the following to the end 
of the Section : “ The General Assembly shall provide for the election 
of a State Bank Examiner and define the duties and power of such 
office. Said officer shall receive such compensation as may be fixed by 
law." 

After debate by Messrs. Oliver, Clayton, W. C. Smith, Howell, 
Mitchell, Timmerman and Lee, 

Mr. TIMMERMAN moved to lay the amendment on the table. 

The question being put, the Convention refused to lay on the table. 

The question being put on the proposed amendment, it was adopted. 

The Section as amended was adopted. 

Section 10. Mr. STANYARNE WILSON moved to amend as fol¬ 
lows : by inserting after the word “ received, " on line 2, the words 
“ or subscribed ;" which was agreed to. 

The Section as amended was adopted. 

Section 11 was adopted as reported by the Committee. 

Section 12. Mr. STANYARNE WILSON moved to amend as fol¬ 
lows : “Add to the end of the Section the words “or necessarily 
incident thereto;" which was agreed to. 

The Section as amended was adopted. 

Section 13 was adopted as reported by the Committee. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 533 


Section 14. Mr. STOKES moved to amend line 2 by striking out 
the word “ and ; 99 which was agreed to. 

Also to insert at the end of the line the words “ over all transport¬ 
ing and transmitting corporations ; ” which was agreed to. 

Mr. STOKES moved to amend line 3 by inserting after the word 
“law” the following : “ Provided , That the members thereof shall 

be elected at the expiration of the terms of the present Railroad Com¬ 
missioners, who are hereby continued in office for the terms for which 
they were elected which was agreed to. 

Mr. BREAZEALE moved to strike out the entire Section. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 54; nays, 55. 

Those who voted in the affirmative are : 

Yeas—Messrs. Atkinson. Austin, Bates, Berry, Bowen, Bowman, 
Breazeale, Buist, Burn, Connor, DeHay, Dennis, Dent, Doyle, Ellerbe, 
Farrow, Floyd, Cary, Gooding, Harris, Harrison, Hemphill, Wm. 
Henderson, Henry, Howell, Hutson, E. J. Kennedy, J. W. Kennedy, 
Klugh, McCaslan, McGowan, McMahan, McMakin, Matthews, AY. J. 
Montgomery, Moore, Murray, Perritte, Prince. J. H. Read, Redfearn, 
I. R. Reed, Russell, A. J. Smith, R. F. Smith, Stribling, Talbert, G. 
D. Tillman, Timmerman, Watson, Wells, Wharton, S. E. White, and 
Winkler.—54. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Barry, Barton, Bobo, T. W. Brice, Cantey, Carver, Clayton, 
Cunningham, Douglass, Dudley, Estridge, W. D. Evans, Field, Fitch, 
Gage, Gamble, J. L. Glenn, Graham, Gray, Hamel, Haynsworth, D. 
S. Henderson, Houser, T. E. Johnson, George Johnstone, Ira B. 
Jones, Keitt, Lee, Lowman, McKagen, Me White, Meares, Mitchell, 
Nathans, Nicholson, Otts, Parler, Patterson, Peake, Rosborough, 
Rowland, Scarborough, Shuler, Singletary, Smoak, Stokes, Taylor, 
Waters, A. H. White, Stanyarne Wilson, W. B. Wilson, and Wood¬ 
ward.—55. 

Mr. STOKES moved to amend line 2 by inserting between the 
word “ of ” and the word 4 ‘three” the words “not less than ;” which 
was agreed to. 

The Section as amended was adopted. 

Section 15. Mr. FARROW moved to strike out the Section. 

Mr. D. S. HENDERSON moved that further debate be adjourned 
until to-morrow. 





534 


JOURNAL OF PROCEEDINGS, 


Mr. STOKES offered the following to be known as Section 20, 
which was ordered printed in the Journal : 

Nothing prohibited in this Article shall be permitted to be done by any 
corporation or company, persons or person, either for its or their own benefit 
or otherwise; by its or their holding or controlling in its or their own name 
or otherwise, or in the name of any other person or persons, or other cor¬ 
poration or company whomsoever, a majority of the capital stock or of 
bonds having voting power of any railroad or transportation company or 
corporation created by or existing under the laws of this State, or doing 
business within this State. 

The pending question being the motion of Mr. Farrow to strike 
out Section 15, 

On motion of Mr. HAMEL, at 8 P. M., the Convention adjourned 
until 10 A. M. to-morrow. 


FORTY-FIFTH DAY. 


Tuesday, November 12, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names. 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Berry, 
Bobo, Bowen, Bowman, Bradham, Breazeale, T. W. Brice, Buist, 
Burn, Cantey, Carver, Clayton, Connor, Cooper, Cunningham, 
DeHay, Dennis, Dent, Derham, Douglass, Doyle, Dudley, Efird, 
Ellerbe, Estridge, W. D. Evans, Farrow, Field, Floyd, Gage, Gamble, 
Garris, Gary, Gilland, J. L. Glenn, Gooding, Graham, Gray, Gunter, 
Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. Hender¬ 
son, Wm. Henderson, Henry, Houser, Howell, Hutson, T. E. John¬ 
son, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Ken¬ 
nedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, McCaslan, 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 535 


McCown, McDermotte, McGowan, McKagen, McMahan, McMakin, 
McWhite, Matthews, Mitchell, W. J. Montgomery, Moore, Morrison, 
Mower, Murray, Nathans, Nicholson, Otts, Parler, Parrott, Patterson, 
Patton, Peake, Perritte, Prince, Ragsdale, J. H, Read, Redfearn, I. 
R. Reed, Rogers, Rosborough, Rowland, Russell, Scarborough, Shep¬ 
pard, Shuler, Singletary, Sloan, A. J. Smith, R. F. Smith, W. C. 
Smith, Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, 
Taylor, G. D. Tillman, Timmerman, Waters, Watson, Wells, Wharton, 
A. H. White, S. E. White, Stanyarne Wilson, W. B. Wilson, AVinkler, 
and Woodward. 

Present, 132. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Leave of absence was granted to Messrs. Harris, Efird and Mower 
until Tuesday evening. 

RESOLUTION. 

Mr. OTTS offered the following resolution, which was considered 
immediately and agreed to : 

jResolved, That the privileges of the floor be extended to all Confederate 
veterans now in the city. 

UNFINISHED BUSINESS. 

Calendar No. 30, report of the Committee on Corporations. 

Section 15. The pending question being the motion of Mr. Farrow 
to strike out the Section. 

After debate by Messrs. Ragsdale, McCaslan and Stanyarne Wilson, 

Mr. FARROW withdrew his motion to strike out. 

Mr. W. B. WILSON offered the following as a substitute for 
Section 15 : 

Every employee of an> railroad corporation shall have the same rights 
and remedies from any injury suffered by him from the acts or omissions of 
said corporations or its employees as are allowed by law to other persons 
not employees, when the injury results from the negligence of a superior 
agent or officer, or of a person having the right to control or direct the 
services of a party injured, and also when the injury results from the negli- 



536 


JOURNAL OP PROCEEDINGS, 


gence of a fellow servant, engaged in another department of labor from 
that of the party injured, or of a fellow servant on another train of ears, or 
one engaged about different pieces of work. Knowledge of any employee 
injured of the defect or unsafe character or condition of any machinery, 
ways or appliances shall be no defense to an action for injury caused 
thereby, except as to conductors or engineers in charge of dangerous or 
unsafe cars or engines voluntarily operated by them. When death ensues 
from any injury to employees, the legal or personal representative of the 
person injured shall have the same rights and remedies as are allowed by 
law to such representatives of other persons. 

Any contract or agreement, express or implied, made by any employee to 
waive the benefit of this Section shall be null and void, and this Section 
shall not be construed to deprive any employee of a corporation, or his legal 
or personal representative, of any money or right that he now has by the 
law of the land. 

The General Assembly may extend the remedies herein provided for to 
any other class of employees. 

After debate by Messrs. Prince, Nathans, W. B. Wilson, J. L. 
Glenn, Howell and Stanvarne Wilson, 

Mr. D. S. HENDERSON moved to indefinitely postpone the Sec¬ 
tion and substitute. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 52 ; nays, 58. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Atkinson, Berry, Bobo, Bowen, Bow¬ 
man, Breazeale, T. W. Brice, Clayton, Cunningham, Douglass, Doyle, 
Estridge, Farrow, Floyd, Gage, Gary, Gilland, J. L. Glenn, Gooding, 
Gunter, Hamel, Harrison, Hay, Haynsworth, D. S. Henderson, Henry, 
Howell, Wilie Jones, Klugh, McGowan, Mitchell, W. J. Montgomery, 
Mower, Nathans, Nicholson, Prince, Ragsdale, J. IT. Read, Shep¬ 
pard, R. F'. Smith, Stribling, Taylor, G. D. Tillman, Timmerman, 
Watson, Wells, Wharton, A. H. White, S. E. White, Winkler, and 
Woodward.—52. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Ashe, Austin, Barry, Barton, Bates, Behre, Burn, Cantey, Carver, 
Connor, Cooper, Dellay, Dennis, Dent, Efird, Graham, Gray, Wm. 
Henderson, Houser, T. E. Johnson, George Johnstone, Ira B. Jones, 
Keitt, E. J. Kennedy, J. W. Kennedy, Lowman, McCaslan, McCown, 
McKagen, McMakin, McWhite, Matthews, Moore, Murray, Otts, 
Parler, Parrott, Patterson, Perritte, Redfearn, I. R. Reed, Ros- 
borough, Rowland, Russell, Scarborough, Shuler, Singletary, Sloan, 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 537 


A. J. Smith, Smoak, Stokes, Sullivan, Talbert, Waters, Stanyarne 
Wilson, and W. B. Wilson.—58. 

Mr. HEMPHILL stated that he was paired with Mr. Lee, other¬ 
wise he would vote “yea.” 

REASON FOR VOTING. 

I vote “ yea” (to indefinitely postpone the whole matter) because I 
think it unwise to fix in the Constitution any rule on the subject. 

GEORGE W. GAGE. 

Mr. D. S. HENDERSON moved to amend by striking out at the 
end of the Section the words : “The General Assembly may extend 
the remedies herein provided for to any other class of employees.” 

On motion of Mr. OTTS, the proposed amendment was laid on the 
table. 

Mr. J. L. GLENN moved to amend the substitute of Mr. Wilson 
by striking out the words : “Or one engaged about a different piece 
of work.” 

On motion of Mr. STOKES, the proposed amendment was laid on 
the table. 

The substitute was then adopted as Section 15. 

Mr. STOKES moved to reconsider the vote whereby the substitute 
was adopted as Section 15, and to lay that motion on the table; which 
was agreed to. 

Section 16. Mr. STANYARNE WILSON moved to amend by 
striking out all after the word “Article” on line 3. 

After debate by Messrs. Stanyarne Wilson and Stokes, the proposed 
amendment was adopted. 

The Section as amended was adopted. 

Section 17. Mr. STOKES moved to amend line 2 by striking out 
the word “ existing” and inserting “ chartered ;” which was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend line 8 by striking 
out the word “ through ;” which was agree*d to. 

The Section as amended was adopted. 

Section 18. Mr. STANYARNE WILSON moved to amend by 
adding to the end of the Section the words “and 5 per cent, addi¬ 
tional upon the stock owned by them.” 

After debate by Messrs. Stanyarne Wilson, George Johnstone, W. 

B. Wilson, Gage and Hay ns worth, 

Mr. STANYARNE WILSON asked and obtained permission to 
withdraw his proposed amendment, and moved to strikeout the entire 
Section. 



538 


JOURNAL OF PROCEEDINGS, 


The question being put, the Convention refused to strike out. 

Mr. IRA B. JONES moved to amend by striking out the word 
“unpaid,” on line 3, and inserting the words “due to the corpora¬ 
tion ;” which was agreed to. 

Mr. HAYNSWORTH moved to amend by striking out all on lines 
2 and 3, after the word “ thereof,” on line 2, and to insert in lieu 
thereof the words “ only to the amount of'the stock owned by them.” 

After debate by Messrs. Haynsworth and George Johnstone, 

Mr. BATES moved to lay the proposed amendment on the table. 

The question being put, the Convention agreed to lay the amend¬ 
ment on the table. 

Mr. BRYAN offered the following amendment: Add to the end of 
the Section: “Provided, That the stockholders of every corporation 
and joint stock association for banking purposes shall also be individ¬ 
ually responsible to the amount of their respective share or shares of 
stock in any such corporation or association for all its debts and lia¬ 
bilities of every kind.” 

After debate by Messrs. Bryan, George Johnstone, Sheppard and 
Gage, 

Mr. GAGE offered the following as a substitute for the proposed 
amendment : “ Provided, That stockholders in banks or banking 
institutions shall be liable to depositors therein in a sum equal to 
their stock, and over and above the same.” 

Mr. GAGE asked and obtained permission to withdraw his pro¬ 
posed substitute. 

Debate continued by Messrs. Prince and Stanyarne Wilson. 

Mr. SHEPPARD moved to lay the amendment of Mr. Bryan on 
the table. 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 55 ; nays, 41. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Barry, Barton, Bates, Bowen, 
Bowman, Cantey, Carver, Clayton, DeHay, Dudley, Estridge, W. D. 
Evans, Floyd, Gamble, Gooding, Gunter, Hamel. Harrison, Hay, 
Haynsworth, D. S. Henderson, William Henderson, Howell, George 
Johnstone, Wilie Jones, Klugh, Lowman, Lybrand, McCown, 
McKagen, Matthews, W. J. Montgomery, Murray, Nathans, Otts, 
Parrott, Redfearn, Russell, Sheppard, Shuler, Stokes, Stribling, 
Talbert, G. D. Tillman, Timmerman, Waters, Watson, Wells, Whar¬ 
ton, A. H. White, S. E. White, W. B. Wilson, and Winkler.—55. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 539 


Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Atkinson, 
Austin, Behre, Breazeale, T. W. Brice, Bryan, Dennis, Doyle, Field, 
Fraser, Gage, Garris, Gary, J. L. Glenn, Gray, Houser, T. E. John¬ 
son, Ira B. Jones, Keitt, E. J. Kennedy, Lee, McGowan, McMahan, 
McMakin, Moore, Parler, Patterson, Peake, Perritte, Prince, Rags¬ 
dale, I. R. Reed, Rogers, Rosborough, Rowland, Scarborough, Sloan, 
Smoak, Taylor, and Stanyarne Wilson.—41. 

Mr. FARROW stated that he was paired with Mr. R. F. Smith, 
otherwise he would vote “ no.” 

Mr. GAGE moved to amend by adding the following to the end of 
the Section: “ Provided, That stockholders in banks or banking 

institutions shall be liable to depositors therein in a sum equal to their 
stock, and over and above the same.” 

After debate by Mr. Timmerman, 

Mr. STANYARNE WILSON offered the following substitute for 
the whole matter : “ Debts of corporatious shall be secured by such 

individual liability of the stockholders and other means as may be 
prescribed by law.” 

After debate by Messrs. D. S. Henderson and W. J. Montgomery, 
the pending question being the proposed amendment of Mr. Stanyarne 
Wilson, 

On motion of Mr. GEORGE JOHNSTONE, at 1:30 P. M., the 
Convention receded from business until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

Mr. PARROTT moved that when this Convention adjourns it 
stands adjourned until 7.30 P. M. to-morrow. 

The question being put, the motion was rejected. 

Calendar No. 30, Section 18. The pending question being the sub¬ 
stitute of Mr. Stanyarne Wilson printed in the Journal to-day. 

After debate by Messrs. Ragsdale, Stokes, 

Mr. STOKES moved to lay the substitute on the table ; which was 
agreed to. 

The question being upon the substitute of Mr. Gage printed in the 
Journal this morning. 

After debate by Messrs. Lee and George Johnstone, 





540 


JOURNAL OF PROCEEDINGS, 


Mr. W. B. WILSON offered the following as a substitute for the 
amendment proposed by Mr. Gage: Add after the word “corpora¬ 
tion” on line 1 the words “ except banking institutions.” 

Debate continued by Messrs. George Johnstone, W. B. Wilson, 
Gage and J. L. Glenn. 

Mr. W. C. SMITH moved to lay the substitute on the table. 

The question being put, the Convention refused to lay on the 
table. 

Debate continued bv Messrs. Floyd and Gage. 

Mr. GEORGE JOHNSTONE submitted the following: “Every 
stockholder in a banking corporation which is t a bank of issue shall 
be individually responsible and liable fco its creditors, over and above 
the amount of stock by him held, to an amount equal to his or her 
respective shares so held, to secure the payment of its bills.” 

Mr. STOKES moved the previous question on the Section; which 
was agreed to. 

The question being put on the adoption of the substitute proposed 
by Mr. W. B. Wilson, the Convention refused to adopt the substi¬ 
tute. 

Mr. FLOYD moved to lay the proposed amendment of Mr. John¬ 
stone on the table ; which was agreed to. 

The question being upop the adoption of the amendment proposed 
by Mr. Gage, 

The following gentlemen spoke in favor of the amendment : Messrs. 
Gage and Prince. 

The following gentlemen opposed the adoption of the amendment: 
Messrs. Timmerman and R. F. Smith. 

The question being put, the amendment was adopted as amended. 

GAGE AMENDMENT. 

Pro vided, That stockholders in banks shall be liable to depositors therein 
in a sum equal in amount to tlieir stock over and above the face value of 
the same. 

The Section as amended was adopted. 

Section 19 was adopted as reported by the Committee. 

Section 20. Mr. STOKES offered the following, to be known as 
Section 20, (printed in the Journal of Monday, November 11, page 
11) ; which was adopted. 

Section 3. This Section was passed over, the pending question 
being the substitute proposed by Mr. Stokes (printed in Journal of 
Monday, November 11, page 8.) 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 541 


Mr. J. L. GLENN moved to strike out the first sentence of the 
substitute. 

Mr. STOKES moved to lay that motion on the table. 

The question being put, the Convention refused to lay upon the 
table. 

The question being put, the amendment proposed by Mr. Glenn 
was agreed to. 

Mr. STOKES moved to amend the substitute by striking out the 
words “sleeping car;” which was agreed to. 

Mr. FARROW moved to strike out the last sentence of the substi¬ 
tute. 

After debate by Messrs. Farrow, W. B. Wilson, Wharton, Lee, 
Howell and McCalla, 

The question being put, the Convention refused to agree to the 
amendment. 

Mr. STOKES moved to amend as follows : By adding to the end 
of the Section the words “ or limiting the samewhich was 
agreed to. 

The substitute as amended was adopted as Section 3. 

Section 4. Mr. HAYNS WORTH offered the following amendment 
(printed in Journal of Monday, November 11, page 7); which was 
agreed to. 

Mr. RAGSDALE moved to amend as follows : “ Provided , That 

nothing contained in this Section shall be construed to prohibit the 
General Assembly from providing for the service of process on any 
agent of a railroad corporation so as to bind such corporation which 
was agreed to. 

Mr. HAYNS WORTH moved to amend by adding the following to 
the end of the Section : “ Provided , That this Section shall not ap¬ 

ply to mercantile corporations which was agreed to. 

Mr. BRYAN moved to reconsider the vote whereby Section 6 was 
adopted ; which was agreed to. 

Mr. BRYAN moved to amend as follows : By adding to the end of 
the Section the following : “All street railway corporations having 
rights of way, or acquiring rights of way, through the same street or 
part of the same streets of any town or city in this State shall use in 
common the same tracks in said streets or parts of the said streets, and 
said tracks so used in common shall be built, constructed and main¬ 
tained at the joint expense of such street railway corporations 
which was agreed to. 

Section 6 as amended was adopted. 



542 


JOURNAL OF PROCEEDINGS, 


The Article as amended was read the second time, adopted and or¬ 
dered engrossed for a third reading to-morrow. 

Mr. IRA B. JONES moved that the Article as amended be printed 
in Bill form and laid upon the desks of the members; which was 
agreed to. 

GENERAL ORDERS. 

Mr. OTTS moved to take up No. 29, report of Committee on 
Counties and County Government; which was agreed to. 

Mr. OTTS moved that all proposed amendments be printed in the 
Journal and that it be made a special order for Thursday next, at 12 
M., and from day to day until disposed of; which was agreed to. 

AMENDMENTS TO CALENDAR No. 29. 

By Mr. OTTS— 

Amend Section 1, line 7, by striking out “within a reasonable time 
thereafter.” 

Add Section: 

Section —. If two or more proposed Counties shall include the same terri¬ 
tory, or a part of the same, the qualified electors within the said area shall 
determine at an election which shall include the territory in question. 

Section —. All elections provided for in this Article shall be ordered by 
the Governor within sixty days after filing the required petition, and in 
accordance with the general election laws of the State. 

Amend Section 3, line 5, by adding at the end of the line: “Provided, 
That the General Assembly may, in its discretion, create any new County 
having not less than three hundred square miles complying wdth other 
mandatory requirements ofjhis Article.” 

Section 8, line 1, strike out “two-thirds” and insert “a majority.” 

By Mr. SCARBOROUGH— 

Add to end of Section 12 the following : 

Provided, That nothing herein contained shall be construed to prevent 
the General Assembly from passing the Bills in regard to the formation of 
new Counties now pending on its Calendars, nor from forming the new 
Counties proposed to be formed in said Bills, subject to the provisions of 
this Article as to area, population and wealth. 

By Mr. HAMEL— 

Amendment to the report of the Committee on Counties and County 
Government: 

Amend Section 5, line 2, on page 2, by striking out “ seat” at the end of 
the line and inserting in lieu thereof the words “ Court House building.” 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 543 


By Mr. W. B. WILSON— 

Amend Section 3, by adding thereto the following: 

Provided, That a new County, which shall embrace within its limits the 
city of Rock Hill, may be formed with an area of not less than three hun¬ 
dred square miles, and having a population of not less than fifteen thou¬ 
sand inhabitants, and property assessed for taxation at not less than two 
and one-lialf millions of dollars, and which shall approach not nearer than 
eight miles to any Court House ; and the city or town selected as the County 
seat of such new County shall defray the expense of building a County 
Court House and jail. 

REPORT OF STANDING COMMITTEE. 

Mr. SHEPPARD for the Committee on Rules, submitted the fol¬ 
lowing report, which was read the first time and ordered for consider¬ 
ation to-morrow, to be printed in the Journal only : 

The Committee on Rules, to whom was referred a resolution instructing 
the Committee to report a day for the final adjournment of the Convention 
and “to arrange a schedule of work for the Convention, fixing limits for 
debate, length of speeches and time of voting on the various Articles and 
matters yet to be considered and voted on,” respectfully report that they 
have carefully considered the several matters contained in said resolution. 

Holding in remembrance the time consumed in the discussion of matters 
which have heretofore been presented for the consideration of the Conven¬ 
tion, and mindful of the importance of matters yet to be considered, such 
as the Articles on Education, the Judiciary, and Finance and Taxation, 
your Committee submit that it is utterly impracticable at this hour to fix a 
day for the final adjournment of the Convention. 

But your Committee are hopeful of promoting the consideration of busi¬ 
ness so as to facilitate the dispatch thereof without impairing the thorough¬ 
ness of debate or endangering the wisdom of results. 

Your Committee have observed that the invariable result of postponing 
the consideration of an Article beyond the necessary continuance thereof 
from day to day is the protracted repetition of argument. Believing that 
relief is needed at this point, we respectfully recommend the adoption of 
the first of the accompanying resolutions. 

Furthermore, your Committee have oftentimes observed that the “pre¬ 
vious question ” has been applied after exhaustive discussion has been in¬ 
dulged by the Convention, thereby permitting two hours of additional 
debate, certainly inviting unnecessary repetition. 

Believing that relief is demanded here, we respectfully recommend the 
adoption of the second of the accompanying resolutions. As to limiting the 
“length of spneches,” your Committee submit, without recommendation, 
the fourth of the accompanying resolutions. 

All of which is respectfully submitted. 

J. C. SHEPPARD, for Committee. 

Besolved , First. That when an Article or Resolution is presented for con¬ 
sideration, the consideration thereof shall not be interrupted, save by 
recess or adjournment, until the same shall be disposed of. 



544 


JOURNAL OF PROCEEDINGS, 


Second. That the “previous question” is hereby abolished. That in lieu 
thereof it shall be competent for the Convention to hx a time at which a 
vote upon a pending question shall be taken—the time intervening between 
the date of the order and the time fixed to be equally divided between the 
mover of the question and the Chairman of the Committee; the Chairman 
of the Committee to be entitled to reply. The motion to fix the time to be 
decided without debate. 

Third. The motion to fix the time for voting to take the place of the 
“previous question” in the order of business as provided by Rule 15. 

Fourth. That no member shall speak more than ten minutes upon an3" 
question without leave of the Convention. 

LEAVES OF ABSENCE. 

Mr. DUDLEY was granted indefinite leave of absence on account 
of sickness. 

Mr. McCOWN asked and obtained leave of absence from 9:30 
o’clock to-night and for Wednesday and Thursday next. 

Mr. McMAHAN asked and obtained leave of absence on account of 
sickness in his family. 

On motion of Mr. AUSTIN, at 10:30 P. M., the Convention ad¬ 
journed until 10 A. M. to-morrow. 


FORTY-SIXTH DAY. 


Wednesday, November 13, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Berry, 
Bobo, Bowen, Bowman, Bradham, Breazeale, J. S. Brice, T. W. 
Brice, Bryan, Buist. Burn, Cantey, Carver, Clayton, Connor, Cooper, 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 545 


Cunningham, DeHay, Dennis, Dent, Derham, Douglass, Doyle, Dud¬ 
ley, Efird, Ellerbe, Estridge, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Fraser, Gage, Gamble, Garris, Gary, Gilland, J. L. Glenn. 
J. P. Glenn, Gooding, Graham, Gray, Gunter, Hamel, Harris, Har¬ 
rison, Hay, Haynsworth, Hemphill, D. S. Henderson, Wm. Hen¬ 
derson, Henry, Houser, Howell, Hutson, Jervey, T. E. Johnson, 
George Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Kenned}-, 
J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, McOalla, McCaslan, 
McDermotte, McGowan, McKagen, McMakin, McWhite, Matthews, 
Mitchell, W. J. Montgomery, Moore, Morrison, Mower, Murray, 
Nash, Nathans, Nicholson, Oliver, Otts, Parler, Parrott, Patterson, 
Patton, Peake, Perritte, Prince, Ragsdale, J. H. Read, Redfearn, 
I. R. Reed, Rogers, Rosborough, Rowland, Russell, Scarborough, 
Sheppard, Shuler, Singletary, Sloan, A. J. Smith, R. F. Smith, W. 
C. Smith, Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, 
Taylor, B. R. Tillman, G. D. Tillman, Timmerman, Von Kolnitz, 
Waters, Watson, Wells, Wharton, A. H. White, S. E. White, Stan- 
yarne Wilson, W. B. Wilson, Winkler, and Woodward. 

Present, 141. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted to Messrs. J. D. Montgomery and 
Sligh on account of sickness. 

GENERAL ORDERS. 

Mr. SHEPPARD moved to take up No. 61, report of the Commit¬ 
tee on Rules ; which was agreed to. 

The report was read, considered immediately, and adopted as 
reported by the Committee. 

SPECIAL ORDERS. 

Calendar No. 41, report of Committee on Education. Mr. Mitchell 
for Committee. 

Section 1. Mr. McWHITE moved to amend line 2 by striking out 
the word “ four” and inserting in lieu thereof the word “ two which 
was agreed to. 

35—500 




546 


JOURNAL OF PROCEEDINGS. 


The Section as amended was adopted. 

Section 2. Mr. EFIRD offered the following as a substitute for the 
Section: 

The General Assembly shall provide by law for the election or appoint¬ 
ment of such County, township or municipal school officers as occasion may 
require. 

Mr. PATTERSON offered the following as a substitute for the sub¬ 
stitute proposed by Mr Efird : 

The General Assembly shall make provision for the election or appoint¬ 
ment of all additional necessary school officers, and shall define their quali¬ 
fication, powers, duties, compensation and terms of office, and also for a 
system of free public schools throughout the State. 

After debate by Messrs. Mitchell, Patterson, Ragsdale, Hutson, 
Perritte, Field and W. C. Smith, 

Mr. W. C. SMITH moved that a vote be taken on this Section, if 
not sooner disposed of, at 12 M.; which was agreed to. 

Debate continued by Messrs. Sheppard, Parrott, Prince, Efird and 
Breazeale. 

Mr. RAGSDALE moved to indefinitely postpone the proposed 
substitute. 

The question being put : “ Will the Convention agree thereto ?*’ it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 53 : nays, 69. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Bates, Breazeale, J. S. Brice, T. W. Brice, 
Bryan, Buist, Carver, Clayton, DeHay, Dennis, Dudley, Ellerbe, W. 
D. Evans, Farrow, Floyd, Fraser, Gage, Gilland, J. L. Glenn, J. P. 
Glenn, Haynsworth, D. S. Henderson, Houser, Hutson, George John¬ 
stone, Wilie Jones, Keitt, E. J. Kennedy, Klugh, Lowman, McGowan, 
McMakin, McWhite, Matthews, Mitchell, W. J. Montgomery, Mower, 
Murray, Nathans, Nicholson, Oliver, Patton, Peake, Perritte, Prince, 
Ragsdale, Rogers, Rosborough, Russell, Sloan, Sullivan, and Wells.—53. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Austin, Barry, Barton, Behre, Berry, Bobo, Bowen, 
Bowman, Bradliam, Burn, Cantey, Cooper, Dent, Douglass, Doyle, 
Efird, Estridge, Field, Gary, Gooding, Graham, Gray, Gunter, Hamel, 
Harrison, Win. Henderson, Henry, Howell, T. E. Johnson, Ira B. 
Jones, J. W. Kennedy, Lybrand, McCalla, McCaslan, McKagen, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 547 


Moore, Nash, Otts, Parrott, Patterson, J. H. Read, Redfearn, I. R. 
Reed, Rowland, Sheppard, Shuler, A. J. Smith, R. F. Smith, W. C. 
Smith, Smoak, Stackhouse, Talbert, Taylor, B. R. Tillman, 0. D. 
Tillman, Timmerman, Waters, Watson, Wharton, A. H. White, S. E. 
White, Stanyarne Wilson, W. B. Wilson, Winkler, and Woodward.—69. 

Mr, CUNNINGHAM stated that he was paired with Mr. McMa¬ 
han, otherwise he would vote “no.” 

Mr. PATTERSON amended his substitute by striking out the 
words “and also for a system of free public schools throughout the 
State ” 

The substitute of Mr. Patterson was adopted as Section 2. 

Section 3. Mr. PATTERSON offered the following substitute for 
Section 3 : 

The salaries of the State and County school officials and compensation of 
County Treasurers for collecting and disbursing school moneys shall not 
be paid out of the school funds, but shall be otherwise provided for by the 
General Assembly. 

The substitute was adopted as Section 3. 

Section 4. Passed over on motion of Mr. MITCHELL. 

Section 5. Mr. RAGSDALE moved to amend lines 2 and 3 by 
striking out the words “ not mentally disabled ;” which was agreed to. 

Mr. PRINCE moved to amend by striking out the word “ free ” on 
line 1. 

After debate by Messrs. Prince and Gray, the question being put, 
the proposed amendment was rejected. 

Mr. B. R. TILLMAN moved to amend by adding after the words 
“ school districts ” on line 3 the words “ as nearly square as practica¬ 
ble, and not to exceed forty-nine nor be less than sixteen square miles 
in area : Provided , That in cities of ten thousand inhabitants and 
over this limit shall not apply.” 

After debate by Mr. B. R. Tillman, 

Mr. OTTS moved that at 1 P. M. a vote be taken on this Section. 

The question being put, the motion was rejected. 

Debate continued by Messrs. Perritte, Houser, Rogers, W. C. 
Smith, T. E. Johnson, Breazeale, Woodward and Haynsworth. 

Mr. BREAZEALE offered the following amendment to the amend¬ 
ment : 

Provided, That school districts may be established with a less area than 
sixteen square miles in which there is located an incorporated city or town 





548 


JOUKNAL OP PROCEEDINGS; 


which has erected school buildings for free school purposes, by the issu¬ 
ance of bonds, or by donation of citizens thereof, or by taxation, or may 
desire to do so. 

Debate continued by Messrs. Rogers,, B. R. Tillman and Prince. 

Mr. D. S. HENDERSON moved that the further consideration of 
the Section be postponed until the evening session • which was agreed 
to. 

Section 6. Mr. MITCHELL, as Chairman of the Committee on 
Education, explained the operation, scope and effect of Section 6. 

Mr. MITCHELL having the floor. 

On motion of Mr. DOUGLASS, at 2 P. M., the Convention re¬ 
ceded from business until 7:30 P. M. this day. 

RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

Mr. IRA B. JONES moved that when the Convention adjourn to¬ 
night, it stand adjourned until 9 A. M. to-morrow ; which was agreed 
to. 

No. 41, report of the Committee on Education. 

Section 6. Mr. MITCHELL resumed the floor and continued his 
remarks. 

Mr. MITCHELL moved to amend line 9 by inserting after the 
word “shall,” the words “ expend and which was agreed to. 

Also, lines 10 and 11, by striking out all after the word “same,” 
and inserting in lieu thereof the words “ as the General Assembly may 
prescribe;” which was agreed to. 

Also, line 18, by inserting after the word “ officers,” the words “ and 
the poll tax ;” which was agreed to. 

Also, line 20, by striking out “ 1894” and inserting “ 1895 ;” which 
was agreed to. 

Also, line 23 of printed Bill, by striking out the word “levy” and 
inserting cs on the first day of each of said years levy such which 
was agreed to. 

Also, line 23, by striking out the word “ sufficient ” and inserting 
“ as he may determine to be necessary ;” which was agreed to. 

Also, line 24, by inserting after the word “ deficiency” the words 
“tobe collected as other State taxes ;” which was agreed to. 

Also, line 29, by striking out “the first day of November” and 
inserting in lieu thereof the words “ the 31st day of December ;” 
which was agreed to. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 549 


Also, lines 34 and 35, by striking out all after the word “appor¬ 
tioned” on line 24 and inserting the words “ among the Counties in 
proportion to the deficiencies therein and disbursed as other school 
funds which was agreed to. 

No. 39, Minority Report of Committee on Education. (Mr. E. J. 
Kennedy.) 

Section 6. Mr. E. J. KENNEDY moved the following as a sub¬ 
stitute for Section 6. Majority Report : 

Section 6. The Comptroller General shall levy at each regular session 
after the adoption of this Constitution, an annual tax of three mills on the 
dollar on all taxable property throughout the State, for the support of the 
public schools, which tax shall be collected at the same time and by the 
same agents as the general State levy and shall be paid into the State 
treasury. There shall also be assessed on all taxable polls in this State 
between the ages of twenty-one and sixty years an annual tax of one dollar 
on each poll, the proceeds of which shall be applied solely to the support of 
the public schools. The school tax shall be distributed among the several 
Counties in this State in proportion to the respective number of pupils 
enrolled in the public schools, to be disbursed in the several school dis¬ 
tricts of said Counties as may be provided by the General Assembly. Any 
school district may, by the authority of the General Assembly, levy an 
additional tax for the support of its schools. 

Mr. E. J. KENNEDY spoke at length, outlining the effect of his 
proposed substitute, and urged its adoption. 

Debate continued by Mr. Ragsdale. 

Mr. WATSON moved to lay the substitute on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 90 ; nays, 26. 

Those who voted in the affirmative are : 

Hon. John Gary Evans, President, and Messrs. xVshe, Atkinson, 
Austin, Barry, Barton, Bates, Berry, Bobo, Bowman, Bradham, 
Breazeale, J. S, Brice, T W. Brice, Bryan, Buist, Cantey, Carver, 
Connor, Douglass, Dudley, Efird, W. D. Evans, Farrow, Fitch, Floyd, 
Fraser, J. L. Glenn, J. P. Glenn, Harris, Harrison, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Henry, Houser, Howell, Hutson, Jervey, 
T. E. Johnson, George Johnstone, Wilie Jones, Keitt, J. W. Ken¬ 
nedy, Klugh, Lee, McCaslan, McGowan, McKagen, McWhite, Mat¬ 
thews, Mitchell, W. J. Montgomery, Moore, Morrison, Mower, Nash, 
Nathans, Nicholson, Oliver, Patterson, Patton, Peake, Perritte, 
Prince, Rogers, Rosborough, Rowland, Russell, Shuler, Singletary, 
Sloan, A. J. Smith, W. C. Smith, Smoak, Sullivan, Talbert, Timmer- 



550 


JOURNAL OF PROCEEDINGS, 


man, Yon Kolnitz, Waters, Watson, Wells, Wharton, A. H. White, 
S. E. White, Stanyarne Wilson, W. B. Wilson, Winkler, and Wood¬ 
ward.—90. 

Those who voted in the negative are : 

Messrs. Alexander, Anderson, Bowen, Burn, Clayton, Cooper, 
DeHay, Dennis, Doyle, Estridge, Field, Gooding, Graham, Gray, 
Wm. Henderson, McCalla, McMakin, Murray, Parler, Parrott, Rags¬ 
dale, Redfearn, I. R. Reed, Smalls, Taylor, and G. D. Tillman.—26. 

PAIRS. 

Mr. GAGE stated that he was paired with Mr. Ira B. Jones, other¬ 
wise he would vote “yea " 

Mr. E. J. KENNEDY stated that he was paired with Mr. Barker, 
otherwise he would vote “no." 

Mr. OTTS stated that he was paired with Mr. Lowman, otherwise 
he would vote “no." 

Mr. GARY stated that he was paired with Mr. Jeremiah Smith, 
otherwise he would vote “ aye." 

Mr. SHEPPARD stated that if he had been present he would have 
voted “ yes." 

Mr. PATTERSON offered the following substitute for Section 6 : 

Section 6. The existing County Boards of Commissioners of the several 
Counties, or such officer or officers as may hereafter be vested with the 
same or similar powers and duties, shall levy an annual tax of three mills 
on the dollar upon all the taxable property in their respective Counties; 
which tax shall be collected at the same time and by the same officers as 
the other taxes for the same year, and shall be held in the County Treasury 
of the respective Counties to be apportioned among the school districts of 
the Counties in proportion to the respective number of pupils enrolled in 
the public schools thereof. 

Section 7. The General Assembly shall make provision for the assess¬ 
ment and collection of an annual tax of one dollar on each male inhabitant 
in the State between the ages of twenty-one and sixty years who is able to 
perform ordinary manual labor, the proceeds of which tax shall be expended 
for school purposes in the several school districts in which it is collected, 
and the General Assembly shall define the penalties, fines and forfeitures 
to be imposed for the non-payment of this tax. 

Section 8. In addition to the taxes hereinbefore required to be levied and 
collected, the General Assembly shall make provision for the levy and col - 
lection of an additional tax of one mill on the dollar on all of the taxable 
property of the State, which tax shall be levied, collected and paid into the 
State treasury in the same manner as are other State taxes, and which tax 
shall be expended in public school education among the schools of the sev¬ 
eral Counties of the State, according to the discretion of the State Board 
of Education, under such regulations as the General Assembly may pre¬ 
scribe. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 551 


Mr. W. D. EVANS moved that debate be adjourned on this Sec¬ 
tion until 9:30 to-morrow morning; which was agreed to. 

Mr. T. E. JOHNSON moved that all amendments proposed to this 
Section be printed in the Journal; which was agreed to. 

Mr. T. E. JOHNSON proposed the following amendment to the 
majority report: 

Amend on line Shy inserting “ not exceeding ” between “ of ” and “ three.” 

Section 6. Add the following to line 11: 

But each taxpayer shall have the right to direct to which school or 
schools, in the County in which it is paid, the tax paid by him for school 
purposes shall he applied, which direction shall he obeyed with this limita¬ 
tion, to wit: 

If the distributive share of the general fund (to wit: The fund not 
directed to he specificially applied) of any school, together with the amounts 
directed to he applied to said school for any year, shall he more than suffi¬ 
cient to maintain the same for a period of five months in each year, then 
the surplus shall he distributed amongst the school districts of such 
County by the County School Commissioner. 

On motion of Mr. W. D. EVANS the Convention, at 10 P. M., 
adjourned until 9 A. M. to-morrow. 


FORTY-SEVENTH DAY. 


Thursday, November 14, 1895. 


The Convention assembled at 9 o'clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Berry, 
Bobo, Bowen, Bowman, Bradham, Breazeale, J. S. Brice, T. W. 
Brice, Bryan, Buist, Burn, Cantey, Carver, Clayton, Connor, Cooper, 
Cunningham, DeHay, Dennis, Dent, Derham, Douglass, Doyle, Dud¬ 
ley, Efird, Ellerbe, Estridge, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Fraser, Gage, Gamble, Garris, Gary, Gilland, J. L. Glenn, J. 






552 


JOURNAL OF PROCEEDINGS, 


F. Glenn, Gooding, Graham, Gray, Gunter, Hamel, Harris, Harrison, 
Hay, Haynsworth, Hemphill, D. S. Henderson, Wm. Henderson, 
Henry, Houser, Howell, Hutson, Jervey, T. E. Johnson, George 
Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, J. W. 
Kennedy, Klugh. Lee, Lowman, Lybrand, McCalla, McOaslan, Mc- 
Cown, McDermotte, McGowan, McKagen, McMakin, McWhite, 
Matthews, Mitchell, W. J. Montgomery, Moore, Morrison, Mower, 
Murray, Nash, Nathans, Nicholson, Oliver, Otts, Parler, Parrott, 
Patterson, Patton, Peake, Perritte, Prince, Ragsdale, . J. H. Read, 
Redfearn, I. R. Reed, Rogers, Rosborough, Rowland, Russell, Scar¬ 
borough, Sheppard, Shuler, Singletary, Sloan, Smalls, A. J. Smith, 
R F. Smith, W. C. Smith, Smoak, Stackhouse, Stokes, Stribling, 
Sullivan, Talbert, Taylor, B. R. Tillman, G. D. Tillman, Timmer¬ 
man, VonKolnitz, Waters, Watson, Wells, Wharton, A. H. White, S. 
E. White, Stanyarne Wilson, W. B. Wilson, Winkler, and Woodward. 

Present, 143. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVE OF ABSENCE. 

Mr. Bobo was granted leave of absence until Monday next on 
account of sickness. 

ACCOUNT. 

Mr. BUIST presented the following account of R. L. Bryan & Co.; 
which was read the first time and referred to the Committee on Con¬ 
tingent Accounts : 

Constitutional Convention, 

Bought of R. L. Bryan & Co. 


For Cleric Convention. 

1895. 

Sept. 13—Printing 200 blotter pads, 100 sheets to pad.$ 20 50 

Printing 2,000 envelopes, 6i. 4 45 

Printing 1 order book. 2 75 

14—2 pair scissors, $2; 500 plain envelopes, $1. 3 00 

1 dozen Faber’s No. 2 pencils. 75 

16—81 quires bill paper. 8 40 

10 dozen bottles, small, paste. 5 00 

5 dozen bottles, larger, paste. 4 50 

1 ream legal cap paper. 3 25 












SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 553 


80 legal cap pads. 10 00 

18 dozen pen holders, $5.40; 4 gross band, $1. 6 40 

1 gross Bryan’s choice pencils. 3 50 

6 quarts Carter’s fluid... 3 50 

6 quarts Diamond fluid. 4 50 

4 gross asst, pens. 2 75 

1,000 envelopes, xxx G. 2 50 

1 dozen red and blue pencils. 1 00 

1 bottle red ink. 25 

17— 17 dozen small blotters. 1 35 

For Journal Cleric. 

23— 1 record book, 50; 1 ruler, 10. 30 

1 pair scissors. 75 

For Clerk Convention. 

24— Printing 1,000 envelopes, xx 6£— . 2 G5 

Printing 500 envelopes, xxx 10. 2 50 

30—Printing 200 pads in blotters. 20 50 

Oct. 1—1 bottle red ink. 25 

For Engrossing Department. 

7—2 reams linen paper ruled to order. 8 75 

For Committee on Miscellaneous Matters. 

1 record book.. 50 

For Committee, per Sergeant-at-Arms. 

1 record book. 50 

For Clerk Convention. 

4 boxes paper fasteners. 75 

1 gross shoe strings... 00 

16—Printing 1,000 envelopes, xx 6i. 2 60 

18— 1 ink and pencil eraser. 25 

30 postal cards. 30 

21—1 record book. 25 

Printing 500 envelopes, 6|. 1 05 

1 dozen legal pads. 1 25 

24—Printing 2,000 envelopes, 6i. 4 00 

29—Printing 300 “ ad ” tickets.. 1 00 

Nov. 8—Printing 1,000 envelopes. 2 60—$125 00 

For Engrossing Department. 

9—10 quires engrossing paper.- - - 3 00 


Toail 


$139 10 




































554 


JOURNAL OF PROCEEDINGS, 


UNFINISHED BUSINESS. 

No. 41, report of the Committee on Education (Mr. Mitchell for 
Committee.) 

Section 6. Mr. PATTERSON proceeded to address the Convention 
in support of his proposed substitute, printed in the Journal of yes¬ 
terday, page 6. 

Debate continued by Messrs. D. S. Henderson, Parrott and Rags¬ 
dale. 

Mr. RAGSDALE moved to indefinitely postpone the substitute of 
Mr. Patterson, Nos. 6, 7 and 8, oifered as a substitute for Section 6 
of the majority report; which was agreed to. 

Section 6, majority report. 

Mr. RAGSDALE moved to amend by striking out the word 
“ three” on line 3 and inserting in lieu thereof the word “ two.” 

After debate by Mr. Ragsdale, 

Mr. LOWMAN offered the following substitute for the proposed 
amendment: Amend line 3 by striking out the word “ three” and 
inserting the words “not less than two.” 

After debate by Messrs. Lowman, Watson and Burn, 

Mr. B. R. TILLMAN moved to adjourn debate on this Section for 
the purpose of taking up Section 5. 

Mr. BREAZEALE asked and obtained permission to withdraw his 
amendment printed in the Journal of yesterday, page 4, to Section 5. 

Mr. B. R. TILLMAN offered the following as a substitute for all 
proposed amendments: 

Add after “ school districts” on line 3 of Section 5 : 

As compact form as practicable, having regard to natural boundaries, as 
large creeks, and not to exceed forty-nine nor less than nine square miles 
in area: Provided, That in eities of ten thousand inhabitants and over 
this limit shall not apply: Provided, further, That when any school district 
laid out under this Section shall embrace cities or towns already organized 
into special school districts in which graded school buildings have been 
erected by the issuance of bonds, or by special taxation, or by donation, all 
the territory included in said school district shall bear its just proportion 
of any tax that may be levied to liquidate such bonds or support the public 
schools therein: Provided, further, That nothing in this Article contained 
shall be construed as a repeal of the laws under which the several graded 
school districts of this State are organized. 

After debate by Messrs. Stanyarne Wilson, B. R. Tillman, Parrott 
and Parler, 

Mr. EFIRD moved that a vote be taken on this Section at 12:35 P. 
M., if not sooner disposed of ; which was agreed to. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 555 


Debate continued by Messrs. T. E. Johnson, Otts, Howell and Bar¬ 
ton. 

The hour fixed for taking the vote on the proposed amendment of 
Mr. B. R. Tillman having arrived, 

Mr. PARROTT moved to reconsider the vote whereby the hour 
12:35 P. M. had been fixed to take a vote on this question. 

The question being put, the Convention refused to reconsider the 
vote 

The question being put on the amendment : “ Will the Convention 
agree thereto ?” it was decided in the affirmative. 

Tha yeas and nays were requested, and are as follows : 

Yeas, 76 ; nays, 52. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President,and Messrs. Austin, Barker, 
Bowman, Brad-ham, Breazeale, Bryan, Buist, Cantey, Clayton, Connor, 
Cunningham, Dent, Derham, Douglass, Dudley, W. D. Evans, Field, 
Fraser, Gage, Gary, J. P. Glenn, Graham, Gray, Gunter, Harris, D. 
S. Henderson, Henry, T. E. Johnson, George Johnstone, Wilie Jones, 
E. J. Kennedy, J. W. Kennedy, Klugh, Lowman, McCalla, McCas- 
lan, McDermotte, McGowan, McKagen, McMahan, McMakin, Mc- 
White, Mitchell, W. J. Montgomery, Moore, Mower, Nash, Nathans, 
Nicholson, Oliver, Otts, Patterson, Patton, Prince, I. R. Reed, Ros- 
borough, Russell, Scarborough, Shuler, Sloan, Smalls, A. J. Smith, 
W. C. Smith, Smoak, Stokes, Stribling, Talbert, B. R. Tillman, Tim¬ 
merman, Yon Kolnitz, Waters, Wells, Wharton, A. H. White, and 
Woodward.—76. 

Those who voted in the negative are : 

Messrs. Alexander, Anderson, Ashe, Atkinson, Barry, Barton, 
Bates, Bowen, J. S. Brice, T. W. Brice, Burn, Carver, Cooper, De- 
Hay, Dennis, Doyle, Efird, Estridge, Farrow, Fitch, Floyd, Garris, 
Gilland, J. L. Glenn, Hamel, Harrison, Hay, Haynsworth, Hemphill, 
Howell, Hutson, Jervey, Ira B. Jones, Lee, Matthews, Murray, Par- 
ler, Parrott, Ragsdale, J. IT. Read, Redfearn, Rogers, Rowland, Shep¬ 
pard, R. F. Smith, Sullivan, Taylor, G. D. Tillman, Watson, S. E. 
White, Stanyarne Wilson, and W. B. Wilson.—52. 

Mr. HOUSER stated that he was paired with Mr. Behre, otherwise 
he would have voted “ yea.” 

On motion of Mr. GEORGE JOHNSTONE, at 1 P. M., the Con¬ 
vention receded from business until 7:30 P. M. this day. 



556 


JOURNAL OF PROCEEDINGS, 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

LEAVES OF ABSENCE. 

Messrs. Singletary and Connor were granted leave of absence until 
Monday next. 

No. 41, report of the Committee on Education. Mr. Mitchell for 
Committee. 

Section 5 was adopted as amended. 

Section 6. The pending question being the amendment proposed by 
Mr. Lowman to the amendment proposed by Mr. Ragsdale, both 
printed in the Journal of this morning. 

Mr. Lowman’s amendment was accepted by Mr. Ragsdale. 

After debate by Messrs. Talbert, Howell and Gunter, 

Mr. IRA B. JONES offered the following substitute for the 
amendment: Strike out all down to the word “ three " in line 3, 
and insert the following : 

“ The General Assembly shall, at each regular session after the adoption 
of this Constitution, authorize and empower the existing County Boards of 
Commissioners, or such officer or officers as may hereafter he vested with 
the same or similar powers and duties, to levy an annual tax not exceeding” 

Mr. JONES spoke in favor of his proposed substitute. 

Debate continued by Messrs. D. S. Henderson and McMahan. 

Mr. W. C. SMITH moved that a vote be taken upon this question 
at 10 P. M.; which was agreed to. 

Debate continued by Mr. B. R. Tillman. 

The PRESIDENT called Vice President Ira B. Jones to the chair. 

Debate continued by Messrs. Bradham and John Gary Evans. 

The hour fixed for taking the vote having arrived, 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
the Convention had agreed to take a vote on this Section at 10 P. M.; 
which was agreed to. 

Debate continued by Mr. Mitchell. 

Mr. E. J. KENNEDY moved to lay the amendment of Mr. Ira B. 
Jones on the table. 

The question being put : “ Will the Convention agree thereto ?" 
it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 82 ; nays, 43. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 557 


Those who voted in the affirmative are : 

Yeas—Messrs. Ashe, Barker, Barton, Bates, Behre, Bowman, 
Bradham, J. S. Brice, T. W. Brice, Bryan, Buist, Burn, Cantey, 
Clayton, Cooper, Ellerbe, W. D. Evans, Farrow, Fitch, Floyd, 
Fraser, Gage, Garris," J. Mj. Glenn, Gray, Harris, Hay, Haynsworth, 
D. S. Henderson, Houser, Howell, Hutson, George Johnstone, Wilie 
Jones, Keitt, E. J. Kennedy, Klugh, Lowman, McCalla, McCaslan, 
McDermotte, McKagen, McMahan, McWhite, Matthews, Mitchell, 
AV. J. Montgomery, Moore, Morrison, Mower, Nash, Nathans, Nich¬ 
olson, Oliver, Otts, Patterson, Patton, Peake, Perritte, Prince, I. R. 
Reed, Rogers, Rosborough, Russell, Scarborough, Sloan, Smalls, 
AV. C. Smith, Smoak, Stackhouse, Stokes, Stribling, Sullivan, B. R. 
Tillman, AVaters, Watson, Wells, Wharton, A. H. AVhite, W. B. 
Wilson, AVinkler, and Woodward.—82. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Atkinson, Berry, Bowen, Carver, Cunningham, HeHay, 
Dennis, Douglass, Doyle, Dudley, Efird, Estridge, Field, Gamble, 
J. P. Glenn, Gooding, Graham, Gunter, Hamel, Harrison, Hemp¬ 
hill, Henry, Jervey, T. E. Johnson, J. W. Kennedy, McMakin, 
Murray, Ragsdale, J. H. Read, Rowland, Sheppard, Shuler, Single¬ 
tary, R. F. Smith, Talbert, Taylor, G. D. Tillman, Timmerman, 
S. E. AVhite, and Stanyarne AATlson.—43. 

PAIRS. 

Mr. IRA B. Jones stated that he was paired with Mr. McGowan, 
otherwise he would have voted “ no.” 

Mr. GARY stated that he was paired with Mr. Jeremiah Smith, 
otherwise he would have voted “ no.” 

Mr. PA TTERSON moved to lay Mr. Ragsdale's proposed amendment 
on the table. 

The question being put: “Will the Convention agree thereto?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 77; nays, 47. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Barker, Bar¬ 
ton, Bates, Behre, Bradham, J. S. Brice, Bryan, Buist, Burn, Cantey, 
Clayton, Cooper, Dennis, Ellerbe, AV. D. Evans, Farrow, Fitch, 
Floyd, Fraser, Gage, Garris, J. L. Glenn, Graham, Gray, Harris, 
Haynsworth, Hemphill, D. [S. Henderson, Howell, Hutson, Jervey, 
George Johnstone, AVilie Jones, E. J. Kennedy, Klugh, McCalla, 





558 


JOURNAL OF PROCEEDINGS, 


McCaslan, McDermotte, McMahan, McMakin, McWhite, Mitchell, 
W. J. Montgomery, Moore, Morrison, Mower, Nathans, Nicholson, 
Oliver, Otts, Patterson, Patton, Peake, Perritte, I. R. Reed, Rogers, 
Rosborough, Russell, Scarborough, Sheppard, Sloan, Smalls, A. J. 
Smith, W. 0. Smith, Stackhouse, Stribling, Sullivan, B. R. Tillman, 
G. D. Tillman, Waters, Watson, Wells, Whipper, A. H. White, S. E. 
White, and W. B. Wilson.—77. 

Those voted in the negative are : 

Nays—Messrs. Alexander, Anderson, Ashe, Atkinson, Austin, Barry, 
Berry, Bowen, T. W. Brice, Carver, Cunningham, Dellay, Douglass, 
Doyle, Dudley, Efird, Estridge, Field, Gamble, J. P. Glenn, Gooding, 
Gunter, Hamel, Harrison, Hay, Henry, T. E. Johnson, Keitt, J. W. 
Kennedy, Lowman, McKagen, Matthews, Murray, Prince, Ragsdale, 
J. H. Read, Rowland, Shuler, R. F. Smith, Stokes, Talbert, Taylor, 
Timmerman, Wharton, Stanyarne Wilson, Winkler, and Woodward. 
—47. 


PAIRS. 

Mr. IRA B. JONES stated that he was paired with Mr. McGowan, 
otherwise he would have voted “no.” 

Mr. HOUSER stated that he was paired with Mr. Connor, other¬ 
wise he would have voted “yea.” 

Mr. BOWMAN stated that he was paired with Mr. Von Kolnitz, 
otherwise he would have voted “no.” 

Mr. SMOAK stated that he was paired with Mr. Parler, otherwise 
he would have voted “no.” 

Mr. GARY stated that he was paired with Mr. Jeremiah Smith, 
otherwise he would have voted “no.” 

Mr. NASH stated that he was paired with Mr. Lee, otherwise he 
would have voted “yea.” 

Mr. EFIRD moved that the Convention do now adjourn. 

The question being put, the Convention refused to adjourn. 

Mr. T. E. JOHNSON asked and obtained permission to withdraw 
his proposed amendments printed in the Journal of yesterday, page 6. 

Mr. PRINCE offered the following amendment: 

Amend Section 6 on line 11 just after the word “Commissioner” the fol¬ 
lowing : “Provided, That any school district which levies a special tax of at 
least two mills for free public school purposes shall be paid out of the 
State Treasury an amount equal to the sum raised by one mill on the tax¬ 
able property of said district, which sum shall also be expended for free 
public schools in said district: And provided, further, That any district 
receiving this bonus from the State shall allow pupils from any portion of 
the County in which it is located to enter its two highest grades or classes 
without any charge for tuition.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 559 


Mr. HENDERSON moved to have his proposed amendments 
printed in the Journal; which was agreed to. 

MR. HENDERSON'S PROPOSED AMENDMENTS. 

Amend Section G, line 12, by adding between “district” and “shall”: 
“who shall be qualified voters and taxpayers of the school district.” 

Amend Section 6, line 15, by inserting between the word “years” and 
the word “an” the following: “except on persons unable to perform ordi¬ 
nary manual labor.” 

The pending question being the proposed amendment of Mr. 
Prince, 

On motion of Mr. EEIRD, at 11 P. M., the Convention adjourned 
until 10 A. M. to-morrow. 


FORTY-EIGHTH DAY* 


Friday, November 15, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barker, Barry, Barton, Bates, Behre, 
Berry, Bowen, Bowman, Bradham, J. S. Brice, T. W. Brice, Bryan, 
Buist, Burn, Cantey, Carver, Clayton, Cooper, Cunningham, DeHay, 
Dennis, Dent, Derham, Douglass, Doyle, Dudley, Efird, Ellerbe, 
Estridge, W. D. Evans, Farrow, Field, Fitch, Floyd, Fraser, Gage, 
Gamble, Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Henry, Houser, Howell, Hutson, Jervey, 
T. E Johnson, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, 
E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, 
McCall a, McCaslan, McCown, McDermotte, McGowan, McKagen, 







560 


JOURNAL OF PROCEEDINGS; 


McMahan, McMakin, McWhite, Matthews, Mitchell, W. J. Mont¬ 
gomery, Moore, Morrison, Mower, Murray, Nash, Nathans, Nichol¬ 
son, Oliver, Otts, Parler, Parrott, Patterson, Patton, Peake, Perritte, 
Prince, Ragsdale, J. H. Read, Redfearn, I. R. Reed, Rogers, Ros- 
borough, Rowland, Russell, Scarborough, Sheppard, Shuler, Sloan, 
Smalls, A. J. Smith, R. F. Smith, W. C. Smith, Smoak, Stackhouse, 
Stokes, Stribling, Sullivan, Talbert, Taylor, B. R. Tillman, G. D. 
Tillman, Timmerman, Von Kolnitz, Waters, Watson, Wells, 
AVharton, A. H. White, S. E. White, Stanyarne Wilson, W. B. Wil¬ 
son, Winkler, and Woodward. 

Present, 140. 

Vice President IRA B. JONES took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abxey. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

Indefinite leave was granted to Mr. Aldrich on account of sickness 
in his family ; until Wednesday to Messrs. Howell and Wm. Hender¬ 
son ; until Tuesday to Messrs. Matthews, Talbert, Gilland, Hay, Brea- 
zeale, Wharton and W. B. Wilson ; until Monday to Messrs. Bradham, 
Stokes, Murray, Houser, Harrison, W. J. Montgomery, Wells, 
McCalla, T. W. Brice, Ragsdale; to Mr. Nathans on account of death 
in his family. 

Mr. WATSON moved that a vote be taken on Section 6 of No. 41, 
report of Committee on Education, at 12 M.; which was agreed to. 

Mr. STANYARNE WILSON moved to make No. 42, report of 
Committee on Judicial Department, (Mr. Starnyarne Wilson for 
Committee,) a special order at 10 A. M. on Monday next, and from 
day to day until disposed of; which was agreed to. 

Mr. W. D. EVANS moved to make No. 12, Article 9 of the Con¬ 
stitution as proposed by the Committee on Finance and Taxation, a 
special order for Tuesday next at 12 M ; which was agreed to. 

UNFINISHED BUSINESS. 

No. 41, report of the Committee on Education (Mr. Mitchell for 
Committee). 

Section 6. The Convention proceeded to the consideration of the 
amendment proposed by Mr. Prince, printed in the Journal of yester¬ 
day, page 8. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 561 


Mr. PRINCE spoke in support of his proposed amendment. 

Mr. PRINCE asked and obtained permission to withdraw his pro¬ 
posed amendment. 

Section 6. Mr. MITCHELL, for Committee, moved to amend as 
follows: Strike out the words “the County School Commissioner 
shall apportion the said fund,” on lines 6 and 7, and insert the follow¬ 
ing : “the said fund shall be apportioned ;” which was agreed to. 

Mr. ROGERS moved to amend as follows : Insert the words “of 
the respective districts” online 9 after the word “schools;” which 
was agreed to. 

Also, to strike out the word “respective” on line 8; which was 
agreed to. 

Mr. D. S. HENDERSON moved to amend line 12 by adding be¬ 
tween the words “district” and “shall” the words “who shall be 
qualified voters and taxpayers of the school district;” which was 
agreed to. 

Mr. D. S. HENDERSON asked and obtained permission to with¬ 
draw his other proposed amendment printed in the Journal of yester¬ 
day, page 8. 

Mr. W. B. WILSON moved to amend by adding after the word 
“ determine,” in line 13, the following : “ Except in cases of special 

school districts now existing, where the provisions of law now govern¬ 
ing the same shall remain until changed by the General Assembly 
which was agreed to. 

Mr. W. J. MONTGOMERY moved to amend line 15 by striking 
out the words “one dollar” and inserting the words “one dollar and 
fifty cents.” 

Mr. B. R. TILLMAN moved to amend the amendment by striking 
out the words “one dollar and fifty cents” and inserting the words 
“two dollars.” 

Mr. MONTGOMERY accepted the proposed amendment after 
debate by Messrs. W. J. Montgomery, Watson, Moore, McCaslan and 
Efird. 

The hour having arrived at which it was agreed to take a vote on 
this Section, 

Mr. PATTERSON moved to reconsider the vote whereby it was 
agreed to take a vote on this Section at 12 M.; which was agreed to. 

Debate continued by Messrs. Smalls and Bradham. 

Mr. PATTERSON moved that a vote be taken on the amendment 
proposed by Mr. W. J. Montgomery at 1 P. M.; which was agreed to, 






562 


JOURNAL OF PROCEEDINGS, 


Debate continued by Messrs. Bradham, B. R. Tillman, McWhite, 
Barton, Patterson, Parler, Talbert and E. J. Kennedy. 

The question being on the amendment proposed by Mr. W. J. 
Montgomery. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 20 ; nays, 103. 

Those who voted in the affirmative are : 

Yeas—Messrs. Barker, Barton, Berry, Doyle, Gooding, Harris, 
Klugh, McGowan, W. J. Montgomery, Patton, Perritte, Sloan, R. F. 
Smith, Stackhouse, Stribling, B. R. Tillman, Waters, Watson, Wells, 
and S. E. White.—20. 

Those who voted in the negative are : 

Kays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Ashe. Atkinson, Austin, Barry, Bates, Behre, Bowen, Bowman, 
Bradham, J. S. Brice, T. W. Brice, Bryan, Buist, Burn, Cantey, 
Carver, Clayton, Cooper, Cunningham, DeHay, Dennis, Dent, 
Douglass, Dudley, Efird, Estridge, W. D. Evans, Farrow, Field, 
Fitch, Floyd, Fraser, Gage, Garris, Gilland, J. L. Glenn, J. P. Glenn. 
Graham, Gray, Gunter, Hamel, Hay, Haynsworth, Hemphill, D. S. 
Henderson, Henry, Houser, Howell, Jervey, T. E. Johnson, George 
Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, J. W. 
Kennedy, Lee, Lowman, Lybrand, McCalla ; McDermotte, McKagen, 
McMakin, McWhite, Mitchell, Moore, Morrison, Mower, Nash, 
Nathans, Nicholson, Oliver, Otts, Parler, Patterson, Peake, Ragsdale, 
J. H. Read, Redfearn, I. R. Reed, Rogers, Rosborough, Rowland, 
Russell, Scarborough, Sheppard, Smalls, A. J. Smith, W. C. Smith, 
Smoak, Sullivan, Talbert, Taylor, G. D. Tillman, Timmerman, Yon 
Kolnitz, A. H. White, Stanyarne Wilson, W. B. Wilson, Winkler, 
and Woodward.—103. 

Mr. McCASLAN stated that he was paired with Mr. Gamble, other¬ 
wise he would vote “aye.” 

Mr. HIJTSON stated that he was paired with Mr. Harrison, other¬ 
wise he would vote “aye.” 

Mr. PRINCE stated that he was paired with Mr. McCown, other¬ 
wise he would vote “ aye.” 

Mr. McMAJIAN stated that he was paired with Mr. Wharton, 
otherwise he would vote “aye.” 

Mr. GARY stated that he was paired with Mr. Jeremiah Smith, 
otherwise he would vote “no,” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 563 


REASON FOR VOTING. 

Mr. E. J. Kennedy explains that he votes no on the increase of 
the poll tax to two dollars ($2.00) for the reason that he believes that 
an increase of the poll tax to two dollars is out of proportion to the 
increase on property tax. If the tax had been increased on property 
to four mills he would then have voted for a two dollar poll tax, and 
upon increase of the property tax to three mills he will vote for a tax 
of one dollar and fifty cents on the poll tax. 

Mr. W. J. MONTGOMERY moved to strike out tf ‘ one dollar” in 
line 15 and insert the words “ one dollar and fifty cents.” 

Mr. W. D. EVANS moved to lay the proposed amendment on the 
table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 100 ; nays, 21. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Anderson, 
Ashe, Atkinson, Austin, Barry, Bates, Behre, Bowen, Bowman, 
Bradham, J. S. Brice, T. W. Brice, Bryan, Buist, Burn, Cantey, 
Carver, Clayton, Cooper, DeHay, Dennis, Dent, Douglass, Dudley, 
Efird, Estridge, W. D. Evans, Farrow, Field, Fitch, Floyd, Fraser, 
Gage, Garris, Gilland, J. L. Glenn, Graham, Gray, Gunter,Hamel, Har¬ 
ris, Hay, Haynsworth, Hemphill, D. S. Henderson, Henry, Houser, 
Howell, Jervey, T. E. Johnson, George Johnstone, Ira B. Jones, 
Keitt, J. W. Kennedy, Lee, Lowman, Lybrand, McCalla, McDer- 
motte, McKagen, McMakin, Me White, Mitchell, Moore, Morrison, 
Mower, Nash, Nicholson, Oliver, Otts, Parler, Patterson, Peake, 
Ragsdale, J. H. Read, Redfearn, I. R. Reed, Rogers, Rosborough, 
Rowland, Russell, Scarborough, Sheppard, Smalls, A. J. Smith, W. 
C. Smith, Smoak, Stribling, Sullivan, Talbert, Taylor, G. D. Till¬ 
man, Von Kolnitz, A. H. White, Wiggins, Stanyarne Wilson, W. B. 
Wilson, Winkler, and Woodward.—100. 

Those who voted in the negative are : 

Nays—Messrs. Barker, Barton, Berry, Doyle, J. P. Glenn, Good¬ 
ing, Hutson, E J. Kennedy, Klugh, McGowan, W. J. Montgomery, 
Patton, Perritte, R. F. Smith, Stackhouse, Stokes, B. R. Tillman, 
Timmerman, Waters, AVatson, and Wells.—21. 

PAIRS. 

Mr. PRINCE stated that he was paired with Mr. McCown, other¬ 
wise he would vote “ no,” 



564 


JOURNAL OF PROCEEDINGS, 


Mr. McMAHAN stated that he was paired with Mr. Wharton, 
otherwise he would vote “ no.” 

Mr. McCASLAN stated that he was paired with Mr. Gamble, 
otherwise he would have voted “no.” 

Mr. GARY stated that he was paired with Mr. Jeremiah Smith, 
otherwise he would vote “ yea.” 

Mr. WILIE JONES stated that he was paired with Mr. Sloan, 
otherwise he would vote “yea.” 

Mr. SHEPPARD moved to amend line 15 by striking out the word 
“ sixty ” and inserting the word “ fifty.” 

Mr. SHEPPARD spoke in support of his proposed amendment. 
Debate continued by Mr. Mitchell. 

Mr. MITCHELL moved to lay the amendment on the table. 

The question being put: “ Will the Convention agree thereto?” it 

was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 56 ; nays, 60. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Ashe, Barker, 
Barton, Bates, J. S. Brice, Bryan, Buist, Burn, Cantey, Cooper, W. 
D. Evans, Farrow, Fitch, J. L. Glenn, Gooding, Gunter, Harris, D. 

S. Henderson, Howell, Hutson, Jervey, George Johnstone, VVilie 
Jones, Keitt, E. J. Kennedy, Klugh, Lybrand, McCalla, McGowan, 
McKagen, McMahan, Me White, Mitchell, W. J. Montgomery, Moore, 
Nathans, Oliver, Parler, Patterson, Perritte, Prince, Rogers, Russell, 
Scarborough, A. J. Smith, R. F. Smith, Stribling, Sullivan, B. R. 
Tillman, Von Kolnitz, Watson, Wells, A. H. White, W. B. Wilson, 
and Woodward.—56. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Atkinson, Austin, Barry, Berry, Bowen, 
Bradham, T. W. Brice, Carver, DeHay, Dennis, Dent, Douglass, 
Doyle, Dudley, Estridge, Field, Fraser, Gage, Garris, Gilland, J. P. 
Glenn, Graham, Gray, Hamel, Hay, Haynsworth, Henry, Houser, 

T. E. Johnson, Ira B. Jones, J. W. Kennedy, Lowman, McCaslan, 
McDermotte, McMakin, Morrison, Nash, Nicholson, Otts, Peake, 
Ragsdale, J. H. Read, Redfearn, I. R. Reed, Rowland, Sheppard, Smalls, 
W. C. Smith, Smoak, Stackhouse, Talbert, Taylor, G. D. Tillman, 
Timmerman, Waters, S. E. White, Wiggins, Stanyarne Wilson, and 
Winkler.—60. 

Mr. EFIRD stated that he was paired with Mr. Mower, or he 
would have voted “yea,” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 565 


Mr. HEMPHILL stated that he was paired with Mr. Lee, other¬ 
wise he would vote “ no.” 

The question being put on the amendment proposed by Mr. Shep¬ 
pard : “ Will the Convention agree thereto ?” it was decided in the 
negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 52 ; nays, 61. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Atkinson, Austin, Barry, Bowen, Bow¬ 
man, T. W. Brice, Carver, DeHay, Dennis, Dent, Douglass, Doyle, 
Estridge, Field, Fraser, Gilland, J. P. Glenn, Graham, Gray, Hamel, 
Hay, Haynsworth, T. E. Johnson, Ira B. Jones, J. W. Kennedy, 
McCaslan, McDermotte, McKagen, McMakin, Morrison, Nash, Otts, 
Peake, Ragsdale, J. H. Read, Redfearn, I. R. Reed, Rowland, Shep¬ 
pard, Smalls, Smoak, Stackhouse, Talbert, Taylor, G. D. Tillman, 
Timmerman, Waters, S. E. White, Wiggins, Stanyarne Wilson, and 
Winkler.—52. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Ashe, 
Barker, Barton, Bates, Behre, Berry, J. S. Brice, Bryan, Buist, 
Burn, Cantey, Cooper, Farrow, Fitch, Floyd, Gage, J. L. Glenn, 
Gooding, Gunter, Harris, D. S. Henderson, Houser, Howell, Hutson, 
Jervey, George Johnstone, Wilie Jones, Keitt, E. J. Kennedy, 
Klugh, Lowinan, Lybrand, McCalla, McGowan, McMahan, McWhite, 
Mitchell, W. J. Montgomery, Moore, Nathans, Nicholson, Oliver, 
Parler, Patterson, Perritte, Prince, Rogers, Russell, Scarborough, 
A. J. Smith, R. F. Smith, W. C. Smith, Stribling, Sullivan, Von 
Kolnitz, Watson, Wells, A. H. White, W. B. Wilson, and Wood¬ 
ward.—61. 

Mr. HEMPHILL stated that he was paired with Mr. Lee, otherwise 
he would vote yea.” 

Mr. EFIRD stated that he was paired with Mr. Mower, otherwise 
he would vote “yea.” 

Mr. DUDLEY stated that he was paired with Mr. W. D. Evans, 
otherwise he would vote “ aye.” 

Mr. HENRY stated that he was paired with Mr. Wharton, other¬ 
wise he would vote “ yea.” 

Mr. B. R. TILLMAN stated that he was paired with Mr. Garris, 
otherwise he would vote “ no.” 

Mr. GEORGE JOHNSTONE offered the following amendment : 
Add to line 13, Section 6, the words “the manner of their selection 
need not be uniform throughout the State.” 




566 


JOURNAL OF PROCEEDINGS, 


Mr. HEMPHILL presented the account of Charles A. Calvo, .Jr., 
for printing ; which was read the first time and referred to the Com¬ 
mittee on Contingent Accounts and Expenses. 


The State of South Carolina 


To Charles A. Calvo, Jr., 1)r. 


1895. 

Nov. 15. To ptg 200 copies Convention Journal, Nov. 7 to 
18th inclusive— 

501 L. P. pp. @ $1.07.$53 77 

Ilf Brev. pp.=16I L. P. 17 65—$ 71 42 

To ptg 200 Convention Calendars, 

Nov. 8 to 14 inclusive— 

24 L. P. pp. @ $1.07. 25 68 

To ptg and ruling signature roll of members— 

4 forms. 15 00 

To ptg 200 copies Bill matter, 20 pp. @ $1.87. 37 40 

To ptg 200 House rolls. 8 00 

To ptg 500 copies Permanent Journal, sigs. 28 to 
32 inclusive— 

351 L. P. pp. @$1.00..$35 50 

33f Brev. pp.=47f L. P. @ $1.00. 47 25 

101 Min. pp.=19 L. P. @ $1.00. 19 00— 101 75 

Extra for 21f Brev. pp. and lOf Min. pages printed 
only in Permanent Journal (Speeches,)..$32 10 

20 33— 52 43 

-$311 68 

Personally appears Charles A. Calvo, Jr., who, being duly sworn, says 
that the above account is just and true, and that no part thereof has been 
paid by discount or otherwise. CHARLES A. CALVO, Jr. 

Sworn to before me November 15, 1895. 

GEO. W. PARKER, [L. S.] 

Notary Public, S. C. 


The pending question being the proposed amendment of Mr. George 
Johnstone, 

On motion of Mr. B. R. TILLMAN, the Convention receded from 
business until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 


UNFINISHED BUSINESS. 

No. 41, report of the Committee on Education (Mr. Mitchell for 
Committee). 













SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 567 


Section 6. The pending question being the amendment proposed 
by Mr. George Johnstone, printed in the Journal of this morning. 

Mr. JOHNSTONE spoke in support of his proposed amendment. 

Debate continued by Mr. Smalls. 

The question being put, the amendment was adopted. 

Mr. W. C. SMITH moved to amend as follows : line 12, by insert¬ 
ing before the word “three” the words “not less than.” 

Mr. G. D. TILLMAN moved to amend the amendment by insert¬ 
ing the words “ nor more than five ” after the word “ three.” 

The question being put, the Convention refused to adopt the 
amendment to the amendment. 

The amendment proposed by Mr. W. C. Smith was then adopted. 

Mr. T. E. JOHNSON moved to amend as follows : line 17 by 
striking out all after and including the word “ whenever,” down to 
and including the word “funds” in line 28. 

Mr. OTTS moved to lay the proposed amendment on the table; 
which was agreed to. 

Mr. BUIST moved to amend as follows : Add to the end of the 
Section the following : “ The General Assembly shall provide for the 
maintenance of the Winthrop Normal and Industrial College and shall 
appropriate or invest all moneys or other property given or may here¬ 
after be given in aid of said college.” 

Mr. BUIST spoke in support of. his proposed amendment. 

Mr. D. S. HENDERSON moved that the further consideration of 
this proposed amendment be adjourned, to be taken up and consid¬ 
ered with Section 8 ; which Avas agreed to. 

Mr. BUIST asked and obtained permission to withdraw his amend¬ 
ment. 

Mr. T. E. JOHNSON moved to amend by striking out lines 29, 
30, 31, 32, 33, 34, 35, 36 and 37. 

On motion of Mr. HUTSON, the proposed amendment was laid on 
the table. 

Mr. E. J. KENNEDY offered the following, and requested that it 
be printed in the Journal as an amendment he will move to Section 6 
on the third reading thereof ; which was agreed to : 

Mr. E. J. Kennedy moves to further amend Section six (6) by 
striking out all after the word “ collected,” on line seventeen (17), 
down to and including the word “therein,” on line twenty-five, and 
inserting the following : 

“ Whenever the tax levied by the said County Board of Commission¬ 
ers or similar officer and the poll tax shall not yield an amount equal 



568 


JOURNAL OF PROCEEDINGS, 


to three dollars ($3.00) per capita of the number of children enrolled 
in the public schools of each County for the preceding scholastic year 
as it appears in the report of the State Superintendent of Education 
for said preceding scholastic year, the Comptroller General shall for 
the next ensuing scholastic year, on the first day of each of said years, 
levy such an annual tax on the taxable property of the State as he may 
determine to be necessary to make up such deficiency, to be collected 
as other State taxes, and apportion the same among the Counties of 
the State in proportion to the respective deficiencies therein.” 

And then by striking out all after the word “funds,” on line 28, 
commencing with the word “ and,” on line 29, down to and including 
the word “be,” on line 35. 

The Section as amended was adopted. 

Mr. BUIST moved to take up No. 56, an ordinance to postpone 
the next regular session of the General Assembly from the fourth 
Tuesday in November, 1895, to the second Tuesday in January, 1896, 
(Mr. Wells); which was agreed to. 

Mr. EFIRD moved to amend the ordinance by striking out the 
word “second ” and inserting in lieu thereof the word “ first.” 

After debate by Messrs. Efird, Bowman, Estridge, McCalla and 
Timmerman, 

Mr. McCALLA moved to lay the amendment on the table ; which 
was agreed to. 

The ordinance was read a second time, adopted, and ordered 
engrossed for a third reading to-morrow. 

Mr. FIELD moved to take up out of its order No. 58, “ An ordi¬ 
nance defining the pay and mileage of the members, officers and 
employees of this Convention ;” which was agreed to. 

Mr. FIELD moved to make this a special order for Monday next at 
8 P. M., and from day to day until disposed of ; which was agreed to. 

Mr. OTTS moved to take up out of its order Calendar No. 29, 
report of the Committee on Counties and County Government; which 
was agreed to. 

Mr. OTTS moved to make this a special order for Tuesday next at 
8 P. M., and from day to day until disposed of ; which was agreed to. 

The Convention resumed the consideration of Calendar No. 41, 
report of the Committee on Education. 

Section 7. Mr. ROGERS moved to amend as follows : “Add to 
the end of the Section the words “and no child of either race shall 
ever be permitted to attend a school provided for children of the 
opposite race ;” which was agreed to. 

The Section as amended was adopted. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 569 


Section 8. Mr. I. R. REED offered the following substitute for 
Section 8 : 

“The General Assembly shall provide for the maintenance of Clem- 
son Agricultural College and the State University, also for the estab¬ 
lishment and maintenance of a Normal and Industrial College for the 
colored race, and may create scholarships therein. The proceeds 
realized from the land scrip given by the Act of Congress, passed July 
2, 1862, for the support of an agricultural college, and any lands or 
funds which have heretofore been or may hereafter be given or appro¬ 
priated for educational purposes, shall be applied as directed in the 
Acts appropriating the same.” 

After debate by Messrs. I. R. Reed, G. D. Tillman, B. R. Tillman, 
and Smalls, 

Mr. SMALLS moved to adjourn the debate on this Article until 10 
A. M. to-morrow ; which was agreed to. 

PROPOSED AMENDMENT. 

By Mr. MITCHELL— 

“Amend Section 8, line 2, by striking out the words “the State 
University” and inserting the words “the University of South Caro¬ 
lina.” 

PROPOSED SUBSTITUTE FOR SECTION 8. 

By Mr. BURST— 

“The General Assembly shall provide for the maintenance of the 
Clemson Agricultural College and shall appropriate the proceeds real¬ 
ized from the land scrip given by Act of Congress, passed July 2d, 
1862, for the support of an agricultural college, and any lands or funds 
which heretofore have been or may hereafter be given or appropriated 
for educational purposes shall be applied as directed in the Acts ap¬ 
propriating the same. The General Assembly shall provide for the 
support of the South Carolina College and Citadel Academy, and may 
establish an agricultural, mechanical, normal and industrial college for 
the training of colored youths.” 

‘ REPORT OF STANDING COMMITTEE. 

Mr. BOWMAN submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred an ordinance to validate and carry into effect the subscriptions to 
the capital stock of the Carolina, Knoxville and Western Railroad Com- 



570 


JOURNAL OP PROCEEDINGS, 


pany by the voters of Greenville County, beg 1 leave to report that the same 
has been correctly engrossed and revised. 

I. W. BOWMAN, 

For Committee. 

Received as information. 

Mr. FARROW submitted the following report : 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred an Article relating to corporations, beg leave to report that the 
same has been correctly engrossed and revised. 

A. S. FARROW, 

For Committee. 


Received as information. 

LEAVES OF ABSENCE. 

Mr. ST ANY ARNE WILSON was granted leave of absence until 
Tuesday night next. 

Indefinite leave was granted to Mr. Barker on account of sickness ; 
to Mr. Keitt until Tuesday evening. 

Mr. ALEXANDER was excused from the night session on account 
of sickness. 

The pending question being the substitute proposed by Mr. Reed, 
Mr. Smalls having the floor. 

On motion of Mr. TAYLOR, the Convention, at 11 P. M., 
adjourned until 10 A. M. to-morrow. 


FORTY-NINTH DAY. 


Saturday, November 16, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll—116 Delegates answered to the call, 
as follows : 

Hon. John Gary Evans, President, and Messrs. Anderson, Ashe, 
Atkinson, Austin, Barry, Barton, Bates, Behre, Berry, Bowen, Bow- 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 571 


man, J. S. Brice, Bryan, Buist, Carver, Clayton, Cooper, Cunning¬ 
ham, DeHay, Dennis, Deut,. Derham, Douglass, Doyle, Dudley, 
Efird, Ellerbe, Estridge, W. D. Evans, Farrow, Field, Fitch, Floyd, 
Fraser, Gage, Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, Good¬ 
ing, Graham, Gray, Gunter, Hamel, Harris, Haynsworth, Hemphill, 

D. S. Henderson, Henry, Hutson, Jervey, T. E. Johnson, George 
Johnstone, Ira B. Jones, Wilie Jones, E. J. Kennedy, J. W. Ken¬ 
nedy, Klugh, Lee, Lowman, Lybrand, McCalla, McCaslan, McCown, 
McDermotte, McGowan, McKagen, McMahan, McMakin, Me White, 
Mitchell, Moore, Mower, Nash, Nicholson, Oliver, Otts, Parler, 
Patterson, Patton, Peake, Perritte, Prince, J. H. Read, Redfearn, 
I. R. Reed, Rogers, Rosborough, Rowland, Russell, Scarborough, 
Sheppard, Shuler, Sligh, Sloan, Smalls, A. J. Smith, R. F. Smith, 
W. C. Smith, Smoak, Stackhouse, Stribling, Sullivan, Taylor, B. R. 
Tillman, G. D. Tillman, Timmerman, Von Kolnitz, Waters, Watson, 
A. H. White, Wiggins, Winkler and Woodward. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abkey. 

The Journal <of yesterday’s proceedings was read and confirmed. 

LEAVES OF ABSENCE. 

For the day to Mr. Ellerbe ; indefinite leave to Messrs. Berry, S. 

E. White and Perritte ; until Monday, the 24th, to Mr. Sheppard ; 
until Monday next to Messrs. Cantey, Redfearn, Gary and Morrison ; 
until Tuesday to Messrs. Gamble and DeHay. 

REPORT OF STANDING COMITTEES. 

Mr. McCOWN submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom 
was referred an Ordinance, No. 56, relating to the postponement of 
the next regular session of the General Assembly, beg leave to report 
that the same has been correctly engrossed and revised. 

R. M. McCOWN, for Committee. 

Received as information. 

Mr. FIELD submitted the following report, which was considered 
immediately, adopted, and the account ordered paid : 

The Committee on Contingent Accounts and Expenses, to whom 
was referred the bill of Charles A. Calvo, Jr., for printing amounting 



572 


JOURNAL OF PROCEEDINGS. 


to $311.68, respectfully report that they have carefully examined the 
same, and recommend it be paid. 

(Signed) W. T. FIELD, Chairman, for Committee. 

Mr. SHEPPARD submitted the following resolution, which was 
considered immediately and adopted : 

“ Resolved , That it be referred to the Committee on Finance and 
Taxation to ascertain and report, as soon as practicable, what pro¬ 
vision, if any, is rendered necessary by the proposed postponement of 
the next regular session of the General Assembly for meeting the 
January interest on the State debt, the ordinary expenses of the State 
government and the support and maintenance of the various institu¬ 
tions conducted by the State, and any other expenses which it may be 
necessary to provide for before the next meeting of said General 
Assembly; and in case such provision should be required, said Com¬ 
mittee is hereby instructed to prepare and present with their report 
such ordinance or ordinances as may be requisite in the premises.” 

UNFINISHED BUSINESS. 

No. 41, report of the Committee on Education. 

Section 8. The Convention resumed the consideration of the sub¬ 
stitute proposed by Mr. I. R. Reed, and printed in the Journal of 
yesterday, pages 10 and 11. 

Mr. ANDERSON spoke in support of the substitute. 

Debate continued by Messrs. Mitchell, McMahan and Hutson. 

Mr. REED amended his proposed substitute by inserting after the 
words “Industrial College for the colored race” the following words : 
“ as a part of the University of South Carolina.” 

Mr. DOYLE offered the following as a substitute for the Section 
and all amendments thereto : 

“ The General Assembly shall provide for the maintenance of the 
Clemson Agricultural College, the Winthrop Normal and Industrial 
College, and shall establish an agricultural, mechanical and industrial 
college for colored people. Funds now on hand or hereafter acquired 
from the United States Government shall be applied to the Clemson 
Agricultural College and the Agricultural, Mechanical and Industrial 
College for colored people herein provided for in the manner and pro¬ 
portion now provided by law.” 

Mr. REED asked and obtained permission to withdraw his proposed 
substitute. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 573 


Mr. DOYLE asked and obtained permission to withdraw his pro¬ 
posed substitute. 

Mr. MITCHELL asked and obtained permission to withdraw his 
proposed amendment printed in the Journal of yesterday, page 11. 

Mr. HUTSON moved to amend as follows : Strike out on line 2 
the words “The State University” and insert in lieu thereof the 
words “The University of South Carolina as now established by law;” 
which was agreed to. 

Mr. WATSON moved to amend by striking out on line 1 the word 
“ shall ” and inserting the word “ may ” in lieu thereof. 

Mr. WATSON addressed the Convention in support of his amend¬ 
ment. His time having expired, 

Mr. ROGERS moved that further debate be adjourned upon this 
Section until Monday at 8 P. M. 

The question being put, the motion was rejected. 

Mr. W. D. EVANS moved that Mr. Watson be granted unlimited 
time ; which was agreed to. 

Mr. WATSON resumed the floor and continued his remarks. 

Debate continued by Mr. Jervey. 

Mr. W. I). EVANS moved that when this Convention adjourn it 
stands adjourned until 12 M. Monday next; which was agreed to. 

Debate continued by Messrs. Sligh and Miller. 

Mr. PRINCE moved that further debate on this Section be 
adjourned until 12 M. Monday next; which was agreed to. 

The pending question being the proposed amendment of Mr. 
Watson, 

Mr. WOODWARD requested that the following proposed amend¬ 
ment be printed in the Journal : 

Amendment to be added to end of Section 8— 

Provided, That the General Assembly shall not at any time make 
an annual appropriation to these institutions of higher education a 
sum exceeding one-tenth of the sum raised from all sources (except 
that raised by voluntary taxation) for the free public schools of the 
State. 


THIRD READING. 

No. 56, an ordinance to postpone the next regular session of the 
General Assembly from the fourth Tuesday in November, 1895, to 
the second Tuesday in January, 1896, was taken up, read the third 





574 


JOURNAL OF PROCEEDINGS, 


time, adopted, and orderred referred to the Committee on Order, 
Style and Revision. 

On motion of Mr. ROGERS, at 2 P. M., the Convention adjourned 
until 12 M. on Monday next. 


FIFTIETH DAY. 


Monday, November 18, 1895. 


The Convention assembled at 12 o’clock M. 

The Secretary called the roll, 106 delegates being present and 
answering to their names, as follows : 

Hon. John Gary Evans. President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Bowen, 
Bowman, Bradham, T. W. Brice, Bryan, Buist, Cantey, Carver, 
Clayton, Cooper, Dent, Derham, Douglass, Doyle, Dudley, Efird, 
Estridge, W. D. Evans, Farrow, Field, Fitch, Floyd, Fraser, Gage, 
Garris, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gray, Gunter, 
Hamel, Harris, Haynsworth, Hemphill, D. S. Henderson, Henry, Hut¬ 
son, Jervey, T. E. Johnson, George Johnstone, Ira B. Jones, Wilie 
Jones, E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Ly- 
brand, McCaslan, McCown, McDermotte, McGowan, McKagen, 
McMahan, McMakin, McWhite, Miller, Mitchell, Moore, Murray, 
Nicholson, Oliver, Otts, Parler, Parrott, Patterson, Patton, Peake, 
Prince, J. H. Read, 1. R. Reed, Rogers, Rosborough, Rowland, 
Russell, Scarborough, Sloan, Smalls, A. J. Smith, W. C. Smith, 
Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, Taylor, B. 
R. Tillman, G. D. Tillman, Timmerman, Yon Kolnitz, Waters, 
Watson, A. H. White, Wiggins, Winkler, and Woodward.—106. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 








SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 575 


The Journal of yesterday's proceedings was read and confirmed. 
LEAVES OF ABSENCE. 

Indefinite leave to Messrs. Nash, Farrow and Dennis; until Tues¬ 
day to Mr. Singletary. 

UNFINISHED BUSINESS. 

No. 41, report of Committee on Education. 

Section 8. The pending question being the motion of Mr. Watson 
to strike out the word “shall" on line 1 and insert in lieu thereof the 
word “may.” 

After debate by Messrs. Prince, Hutson, W. C. Smith, Clayton, D. 
S. Henderson and C. D. Tillman, 

On motion of Mr. BATES, the Convention, at 2 P. M., receded 
from business until 7.30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

LEAVES OF ABSENCE 

Until to-morrow were granted to Messrs. McKagen and Mower. 

REPORT OF STANDING COMMITTEE. 

Mr. FRASER, for the Committee on Order, Style and Revision, to 
whom was referred an ordinance, No. 56, relating to the postponement 
of the next regular session of the General Assembly, beg leave to report 
that they recommend the insertion of a comma after the word “Janu¬ 
ary,” on the fifth line in the “printed Bill;” and also to strike out on 
the same line the words “ which shall be,” and thus amended, that the 
same be enrolled and ratified. 

The proposed amendments were agreed to. 

The ordinance as amended was adopted and ratified. 

Mr. FIELD moved to take up the Special Order, Calendar No. 58, 
an ordinance defining the pay and mileage of the members, officers 
and employees of the Convention. 

Mr. EFIRD objected. 




576 


JOURNAL OF PROCEEDINGS, 


The Convention proceeded to the consideration of 
UNFINISHED BUSINESS. 

No. 41, report of the Committee on Education. 

Section 8. The pending question being the proposed amendment of 
Mr. AVatson printed in the Journal of this morning, 

After debate by Messrs. Von Kolnitz and McMahan, 

Mr. EFIRD moved that at 9.30 P. M. a vote be taken upon the 
proposed amendment of Mr. \A r atson ; which was agreed to. 

Debate continued by Messrs. Buist, Gage, Bryan and Parrott. 

Mr. COOPER moved to reconsider the vote whereby 9:30 P. M. 
had been fixed as the time for taking the vote on the proposed amend¬ 
ment of Mr. Watson; which was agreed to. 

Mr. IIUTSON moved that the vote be taken at 10.55 o’clock on the 
amendment; which was agreed to. 

The following gentlemen spoke in favor of the amendment: Messrs. 
Parrott, Haynsworth, Bates and AVatson. 

Mr. MITCHELL closed the debate on the amendment, speaking 
against it. 

The question being put: “ AY ill the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 63 ; nays, 49. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Atkinson, Austin, Barry, Behre, 
Bobo, Bowen, Bowman, Bradham, T. AAL Brice, Carver, Cooper, 
Cunningham, Derham, Doyle, Dudley, Ellerbe, Estridge, Field, 
Floyd, Gage, Garris, J. L. Glenn, Gooding, Graham, Hamel, Harris, 
Harrison, Haynsworth, Hemphill, Henry, Ira B. Jones, J. AY Ken¬ 
nedy, Klugh, Lowman, Lybrand, McDermotte, J. D. Montgomery, 
AY J. Montgomery, Murray, Otts, Parrott, Prince, Redfearn, Ros- 
borough, Rowland, Russell, Shuler, Sligh, A. J. Smith, AY C. Smith, 
Smoak, Stokes, Stribling, Sullivan, Talbert, Taylor, G. D. Tillman, 
Timmerman, Abaters, AA r atson, and Winkler.—63. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Barton, Bryan, Buist, Cantey, Clayton, Efird, AY D. Evans, Fitch, 
Fraser, J. P. Glenn, D. S. Henderson, Hutson, Jervey, George John¬ 
stone, AYilie Jones, E. J. Kennedy, Lee, McCalla, McCaslan, 
McGowan, McMahan, McAATiite, Meares, Miller, Mitchell, Moore, 
Nash, Nicholson, Oliver, Patterson, Patton, Ragsdale, J. H. Read, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 577 


I. R. Reed, Rogers, Scarborough, Singletary, Sloan, Smalls, B. R. 
Tillman, Von Kolnitz, Wells, A. H. White, S. E. White, Wiggins, 
Stanyarne Wilson, and Woodward.—49. 

Mr. WATSON moved to reconsider the vote whereby the Conven¬ 
tion adopted the amendment, and to lay that motion on the table ; 
which was agreed to. 

PAIRS. 

Mr. BATES stated that he was paired with Mr. J. S. Brice, other¬ 
wise he would have voted “aye.” 

Mr. DOUGLASS stated that he was paired with Mr. Barker, other¬ 
wise he would vote “aye.” 

Mr. GUNTER stated that he was paired with Mr. DeHay, other¬ 
wise he would vote “no.” 

Mr. T. E. JOHNSON stated that he was paired with Mr. Keitt, 
otherwise he would vote ‘‘aye.” 

Mr. HOUSER stated that he was paired with Mr. Nathans, other¬ 
wise he would vote “aye.” 

Mr. PARLER stated that he was paired with Mr. Farrow, other¬ 
wise he would vote “aye.” 

Mr. PEAKE stated that he was paired with Mr. Mower, otherwise 
he would vote “ aye.” 

REASON FOR VOTING. 

I shall vote for Section 8 on its second reading for the following reason: 
Because I believe that common school education and higher- education 
should co-exist together and that the one is necessary to the other, and that 
the State should provide liberally for the support of both, but if the Con¬ 
vention shall fail to make a liberal provision for the support of her com¬ 
mon schools I shall refuse to vote for the Section on its third reading. 

E. J. KENNEDY. 

PROPOSED AMENDMENTS TO SECTION 8. 

By Mr. MILLER— 

Amend Section 8 by adding after the end of the Section the following: 
“Provided, That Claflin College is hereby divorced and separated from the 
management, control or any connection whatever with Claflin University, 
and that the professors and instructors of Claflin College be men or women 
of the negro race.” 

By Mr. DERHAM— 

Section 8. The General Assembly in appropriating money for the insti¬ 
tutions of higher education in this State shall at no time make an annual 
37—500 





578 


JOURNAL OF PROCEEDINGS, 


appropriation to exceed one-tenth of the money actually paid to teachers 
annually in the free common schools of this State from the funds provided 
for in this Article. 

SECTION TO BE ADDED AT THE END OF THE ARTICLE, 

By Mr. BEHRE— 

Section —. The General Assembly shall provide for the selection and 
purchase of such books, maps and charts as may be necessary for the use 
of the pupils attending the public schools and for the care and disposition 
of same: Provided, That payment for the same may be made from the 
school fund herein provided. 

Mr. ELLERBE moved to take up— 

No. 44. That with a view to save the necessity and expense of 
holding the approaching session of the General Assembly it be referred 
to Committees on Finance and Taxation and on the Legislative De¬ 
partment to frame and present for the consideration of this Conven¬ 
tion an ordinance providing for such tax levies and appropriations as 
may be necessary to carry on the State and County government until 
the first session of the General Assembly, to be held as provided for 
under this Constitution ; 

Which was agreed to. 

Mr. ELLERBE moved to lay No. 44 on the table ; which was 
agreed to. 

On motion of Mr. COOPER, at 11:10 P. M., the Convention ad- „ 
journed until 10 A. M. to-morrow. 


FIFTY-FIRST DAY. 


Tuesday, November 19, 1895. 


The Convention assembled at 10 o'clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Bobo, 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 579 


Bowen, Bowman, Bradham, T. W. Brice, Bryan, Buist, Burn, Can- 
tey. Carver, Clayton, Cooper, Cunningham, Dennis, Dent, Derham, 
Douglass, Doyle, Dudley, Efird, Ellerbe, Estridge, W. D. Evans, 
Field, Fitch, Floyd, Fraser, Gage, Garris, J, L. Glenn, J. P. Glenn, 
Gooding, Graham, Gray, Gunter, Hamel, Harris, Harrison, Hayns- 
worth, Hemphill, D. S. Henderson, Henry, Houser, Hutson, Jervey, 
T. E Johnson, George Johnstone, Ira B. Jones, Wilie Jones, E. J. 
Kenned y f J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, Mc- 
Calla, McCaslan, McCown, McDermotte, McGowan, McMahan, 
McMakin, McWhite, Meares, Miller, Mitchell, J. D. Montgomery, 
W. J. Montgomery, Moore, Morrison, Murray, Nash, Nicholson, 
Oliver, Otts, Parler, Parrott, Patterson, Patton, Peake, Perritte, 
Prince, Ragsdale, J. H. Read, Redfearn, I. R. Reed, Rogers, Ros- 
borough, Rowland, Russell, Scarborough, Shuler, Sloan, Smalls, 
Singletary, Sligh, A. J. Smith, W. C. Smith, Smoak, Stackhouse, 
Stokes, Stribling, Talbert, Taylor, B. R. Tillman, G. D. Tillman, 
Timmerman, Von Kolnitz, Waters, Watson, Wells, Wharton, A. H. 
White, S. E. White, Wiggins, Stanyarne Wilson, Winkler, and Wood¬ 
ward. 

Present, 135. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abkey. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVE OF ABSENCE 

Was granted to Mr. Gilland until Wednesday next. 

REPORT OF STANDING COMMITTEE. 

Mr. FRASER, for the Committee on Order, Style and Revision, 
submitted the following report: 

The Committee on Order, Style and Revision, to whom was referred an 
ordinance to provide that the General Assembly may enact such laws as 
may be necessary to validate and carry into effect subscriptions to the capi¬ 
tal stock of certain railroad companies heretofore voted by the County of 
Chesterfield and by the city of Spartanburg respectively, and to validate 
and authorize the issue of bonds in payment of the same, beg leave to 
report, That the word “regular” after the word “in” on the first line of 
the printed ordinance be stricken out; that the words “ the State of” on 
the fourth line before the words “ South Carolina” be stricken out; that 
the word “ regular ” on the fourth line after the word “ in ” be stricken out; 
that the word “ inhibit ” on the fourth line be stricken out and the word 



580 


JOURNAL OF PROCEEDINGS, 


“prohibit” be inserted; that the word “all” on the fifth line after the 
word “ enacting” be stricken out; that the word “ said” on line eight be 
stricken out and the word “ Chesterfield ” be inserted; that the word “ all ” 
on the tenth line after the word “ enacting ” be stricken out; that on line 
thirteen the words “ the city of” be inserted after the words “ voters of,” 
and on the same line the word “city” after the word “Spartanburg” be 
stricken out. 

All of which is respectfully submitted. 

T. B. FRASER. 

Chairman. 

The proposed amendments were agreed to and the ordinance ordered 
engrossed for ratification. 

THIRD READING. 

No. 52, an ordinance relating to subscriptions by Greenville County 
to certain railroads, (Mr. Gray,) 

Was read the third time, adopted and referred to the Committee on 
Order, Style and Revision. 

UNFINISHED BUSINESS. 

No. 41, report of the Committee on Education. 

Section 8. Mr. DERHAM addressed the Convention in support of 
his proposed amendment, printed in the Journal of yesterday, pages 4 
and 5. 

Mr. ROGERS moved to amend the amendment by striking out the 
words “one-tenth” and inserting the words “one-sixth.” 

After debate by Messrs. Rogers and Meares, 

Mr. AUSTIN moved to lay the amendment of Mr. DERHAM on 
the table ; which was agreed to. 

Mr. MILLER asked and obtained permission to withdraw his pro¬ 
posed amendment, printed in the Journal of yesterday, page 4. 

Mr. MILLER moved to amend as follows : 

Provided , That Claflin College shall never be directly or indirectly under 
the management or control of Claflin University, neither shall Claflin Col¬ 
lege ever be connected in any way with Claflin University, and the pro¬ 
fessors and instructors of Claflin College shall be Southern men or women 
of the negro race. 

Mr. MILLER spoke in support of his amendment. 

Mr. SMALLS moved to amend the amendment by striking out the 
words “ shall be Southern men or women of the negro race.” 

Mr. SMALLS spoke in support of his amendment. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 581 


Mr. MILLER accepted the amendment so far as to strike out the 
word “ Southern.” 

Mr. REED offered the following substitute for the amendment and 
the amendment to the amendment: 

Provided, That in lieu of Claflin College there shall he established and 
maintained a normal, industrial, mechanical and agricultural college for 
the higher education of the negro race, having no connection with Claflin 
University, whose professor and instructors shall be of the negro race. 

Mr. REED spoke in support of his proposed substitute. 

Debate continued by Messrs. W. D. Evans, Bowman and B. R. 
Tillman. 

Mr. MILLER asked and obtained permission to withdraw his pro¬ 
posed amendment. 

Mr. REED asked and obtained permission to withdraw his proposed 
substitute. 

Mr. B. R. TILLMAN offered the following to be added to Sec¬ 
tion 8 : “ Provided , That the General Assembly shall as soon as practi¬ 
cable divorce entirely Claflin College from Claflin University, and 
provide for a separate corps of professors and instructors therein, 
representation to be given to men and women of the negro race, and 
it shall be the Colored Normal Industrial Agricultural and Mechani¬ 
cal College of this State ;” which was agreed to. 

Mr. B. R. TILLMAN moved to amend line 6 by inserting after the 
word “purposes” the words “by the National Government.” 

After debate by Messrs. B. R. Tillman and G. D. Tillman, the 
question being put, the amendment was adopted. 

Mr. BUIST asked and obtained permission to withdraw his proposed 
substitute, printed in the Journal of Friday, the 25th, page 11. 

The Section as amended was adopted. 

Section 9. Mr. GAGE moved to amend line 6 by inserting be¬ 
tween the first “of” and “any” the words “or conducted in con¬ 
nection therewith ;” which was agreed to. 

Mr. BUIST moved to strike out the entire Section. 

Mr. ME ARES moved to lay the motion on the table; which was 
agreed to. 

Mr. WATSON moved to amend as follows: Add to the Section 
“ The property or credit of the State of South Carolina, or of any 
County, city, town, township, school district, or other subdivision of 
said State, or any public money, from whatever source derived, shall 
not, by gift, donation, loan, appropriation, or otherwise, be used, 
directly or indirectly, in aid or maintenance of any college, school, 



582 


JOURNAL OF PROCEEDINGS, 


orphan house, or other institution, society or organization, of whatever 
kind, which is wholly or in part under the direction or control of any 
church or of any religious or sectarian denomination, society or organ¬ 
ization.” 

Mr. BATES moved to lay the amendment on the table. 

The question being put, the motion to table was rejected. 

The amendment was then agreed to. 

The Section as amended was adopted. 

Section 10 was adopted as reported by the Committee. 

Section 11. Mr. MITCHELL moved to amend as follows : On line 
2, by inserting after the word “property” the words “the net assets 
or funds of all estates or copartnerships in the hands of the Courts of 
the State where there have been no claimants for the same within the 
last seventy years ;” which was agreed to. 

The Section as amended was adopted. 

Section 12. Mr. MITCHELL otfered the following substitute : 

Section 12. All the net income to be derived by the State from the sale 
or license for the sale of spirituous, malt, vinous and intoxicating liquors 
and beverages, not including so much thereof as is now or may hereafter 
be allowed b}^ law to go to the Counties and municipal corporations of the 
State, and the profits of the Penitentiary, shall be applied annually in aid 
of the supplementary tax provided for in the sixth Section of this Article; 
and if after said application there should be a surplus, it shall be devoted 
to public school purposes and apportioned as the General Assembly may 
determine. All waste and unappropriated lands belonging to the State, 
which terms shall include marsh and tide-water lands, but not the phos¬ 
phate royalty or phosphate deposits, and all the income to be derived from 
said lands by leasing them, shall be set apart and be and remain forever a 
perpetual school fund for the support of the public schools of this State. 
All funds to be derived from the sale of the aforesaid lands, if the General 
Assembly should ever deem it advantageous to sell the same, shall be 
securely invested and the interest derived therefrom alone shall be appro¬ 
priated. 

Mr. EFIRD offered the following as a substitute for the substitute 
proposed by Mr. Mitchell, and for Section 12 : 

Section 12. All profits by the State from the sale or license for the sale of 
alcoholic liquors or beverages, not including so much thereof as is now or 
may hereafter be allowed by law to go to the Counties and municipal cor¬ 
porations of the State, and the Penitentiary profits, shall be devoted to 
public school purposes. This fund shall be apportioned by the Comptroller 
General among the Counties of the State in such way as to bring up any 
deficiency in any County, from the three mill and poll tax to an amount 
sufficient to make a four dollar per capita of average attendance in the 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 583 


public schools in each County. This fund shall be apportioned and dis¬ 
bursed in said Counties as school taxes. Whenever such profits added to 
the three mill and poll tax shall be more than sufficient to make up a per 
capita of four dollars of all the pupils in average attendance in the schools 
of the State, then the Comptroller General shall reduce the three mill levy 
in an amount equal to such surplus. All calculations under this Section 
shall be made on the basis of the average attendance on the public schools 
for the past scholastic year and the Dispensary and Penitentiary profits for 
the past fiscal year. 

After debate by Messrs. Mitchell and Efird, 

On motion of Mr. B. R. TILLMAN, both substitutes were laid on 
the table. 

Debate continued by Messrs. Smoak, B. R. Tillman and Watson. 

Mr. EFIRD moved to adjourn debate on this Section until 10 A. M. 
to-morrow. 

On motion of Mr. BARTON, the motion was laid on the table. 

Section 12 was then adopted as reported by the Committee. 

1 vote against the adoption of Section 12 of the Article on education be¬ 
cause I am opposed to the dedication of liquor money to the cause of edu¬ 
cation, or to any other cause which will fasten the Dispensary system in 
the heart of the citizen. 

GEORGE W. GAGE. 

Sections 13 and 14, on motion of Mr. MITCHELL, were stricken 
out. 

Mr. BEHRE moved as Section 13 his proposed Section printed in 
the Journal of yesterday, page 5. 

Mr. BEHRE spoke in support of his proposed Section. 

Debate continued by Mr. Burn. 

Mr. OTTS moved to lay the proposed Section on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 69 ; nays, 42. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Atkinson, Austin, Barton, Bates, 
Bobo, Bowen, Bowman, Bradham, Bryan, Cantey, Carver, Connor, 
Cunningham, Dennis, Dent, Douglass, Doyle, Efird, Ellerbe, Estridge, 
W. D. Evans, Field, Gamble, Garris, J. L. Glenn, J. P. Glenn, 
Hamel, Harris, Hay, Haynsworth, D. S. Henderson, Houser, Jervey, 
George Johnstone, Ira B. Jones, E. J. Kennedy, J. W. Kennedy, 
Klugh, Lee, Lowman, McCown, McGowan, McKagen, McWhite, 



584 


JOURNAL OF PROCEEDINGS, 


Mitchell, J. D. Montgomery, W. J. Montgomery, Nash, Otts, Patter¬ 
son, Prince, Redfearn, Rogers, Russell, Scarborough, Shuler, Single¬ 
tary, Smoak, Stackhouse, Stokes, Stribling, Taylor, Watson, Wells, 
A. H. White, S. E. White, and Wiggins.—69. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Behre, T. 
W. Brice, Burn, Clayton, Cooper, DeHay, Dudley, Fitch, Floyd, 
Gooding, Graham, Gunter, Harrison, Henry, Hutson, T. E. Johnson, 
Wilie Jones. McCalla, McCaslan, McMahan, McMakin, Meares, 
Miller, Moore, Murray, Parler, Parrott, Patton, J. H. Read, Sligh, 
Sloan, Smalls, A. J. Smith, W. C. Smith, Talbert, B. R. Tillman, 
G. D. Tillman, Waters, Stanyarne Wilson, Winkler, and Wood¬ 
ward.—42. 

Section 4, which was passed over a few days ago, was then taken up. 

Mr. MITCHELL offered the following substitute for Section 4 : 

There shall be a State Board of Education, composed of the Governor, 
the State Superintendent of Education, and four persons to be appointed 
by the Governor every four years, of which Board the Governor shall be 
Chairman, and the State Superintendent of Education Secretary. This 
Board shall have the regulation of examination of teachers applying for 
certificates of qualification, and shall award all scholarships, and have such 
other powers and duties as may be determined by law. The compensation 
and traveling expenses for the four persons to be appointed to be fixed by 
the General Assembly. 

The substitute was adopted as Section 4. 

The Article having received two readings was ordered to be en¬ 
grossed for a third reading to-morrow. 

Mr. FITCH moved that No. 58, an ordinance defining the pay and 
mileage of the members, officers and employees of this Convention 
(Mr. Field for Committee), be made a special order for to-day at 7:30 
P. M. and from day to day until disposed of ; which was agreed to. 

On motion of Mr. A. J. SMITH, at 2 P. M., the Convention receded 
from business until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

SPECIAL ORDER. 

An ordinance defining the pay and mileage of the members, officers 
and employees of this Convention. (Mr. Field for Committee). 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 585 


Section 1. Mr. NICHOLSON offered the following amendment : 
To strike out on line 7, after the word “dollars," the words “an ad¬ 
ditional per diem of two dollars from the 15th day of October, 1895, 
to the end of the session." 

After debate by Messrs. Nicholson, Fitch, D. S. Henderson, Bum, 
Clayton, B. R. Tillman, Connor and Klugh, 

Mr. BARTON moved to amend by inserting in line 7 the word 
“one" instead of the word “ two." 

After debate by Messrs. Efird, George Johnstone, Scarborough and 
Sligh, 

Mr. ROGERS moved that a vote upon the pending question (the 
amendment of Mr. Barton) be taken at 9 P. M.; which was agreed to. 

Debate continued by Mr. Sligh. 

Mr. SLIGH moved to lay the amendment of Mr. Barton on the 
table ; which was agreed to. 

Mr. KLUGH moved to lay the amendment of Mr. Nicholson on 
the table. 

The question being put: “ Will the Convention agree thereto ?" it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 67; nays, 42. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Barry, Barton, Behre, Bobo, J. S. Brice, 
T. W. Brice, Burn, Carver, Clayton, Cooper, Dent, Derham, Doyle, 
Dudley, Fitch, Gage, Gamble, Garris, Gooding, Graham, Harrison, 
Hay, Hemphill, Henry, Hutson, Jervey, T. E. Johnson, E. J. Ken¬ 
nedy, Klugh, McCalla, McCaslan, McGowan, McKagen, McMahan, 
McMakin, Mitchell, J. D. Montgomery, W. J. Montgomery, Moore, 
Murray, Parler, Parrott, Patton, J. H. Read, Redfearn, Rogers, Ros- 
borough, Rowland, Scarborough, Singletary, Sligh, A. J. Smith, W. 
C. Smith, Smoak, Stackhouse, Stribling, Taylor, VonKolnitz, Waters, 
Wells, Wharton, Whipper, A. H. White, S. E. White, and Wood¬ 
ward—67. 

Those who voted in the negative are : 

Nays—Lion. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Austin, Bowen, Bowman, Breazeale, Buist, Connor, 
Douglass, Efird, Estridge, Field, Gary, J. P. Glenn, Gray, Hamel, 
Harris, D. S. Henderson, Houser, George Johnstone, Wilie Jones, 
Keitt, Meares, Mower, Nicholson, Otts, Peake, Prince, Ragsdale, 
Russell, Shuler, Sloan, R. F. Smith, Sullivan, B. R. Tillman, G. D. 
Tillman, Timmerman, Wiggins, Stanyarne Wilson, and Winkler—42. 





586 


JOURNAL OF PROCEEDINGS, 


Mr. CANTEY stated that he was paired with Mr. Cunningham, 
otherwise he would vote “nay." 

Mr. DENNIS stated that he was paired with Mr. Stokes, otherwise 
he would vote “aye." 

Mr. BRADHAM stated that he was paired with Mr. Bryan, other¬ 
wise he would vote “ no " 

Mr. BATES stated that he was paired with Mr. Bellinger, other¬ 
wise he would vote “no." 

Mr. W. D. EVANS stated that he was paired with Mr. Jeremiah 
Smith, otherwise he would vote “no." 

Mr. J. L. GLENN stated that he was paired with Mr. Ira B. Jones, 
otherwise he would vote “ aye." 

Mr. HOWELL stated that he was paired with Mr. Lowman, other¬ 
wise he would vote “aye." 

Mr. DeHAY stated that he was paired with Mr. Gunter, otherwise 
he would vote “ aye." 

Mr. FLOYD stated that he was paired with Mr. Oliver, otherwise 
he would vote “no." 

Mr. KENNEDY stated that he was paired with Mr. Barker, other¬ 
wise he would vote “ no." 

Mr. LEE stated that he was paired with Mr. Nash, otherwise he 
would vote “ no." 

Mr. MILLER stated that he was paired with Mr. Sheppard, other¬ 
wise he would vote “ aye." 

Mr. TALBERT stated that he was paired with Mr. Wm. Henderson, 
otherwise he would vote “ no." 

Mr. WATSON stated that he was paired with Mr. Perritte, other¬ 
wise he would vote “ no." 

Mr. PATTERSON stated that he was paired with Mr. Farrow, 
otherwise he would vote “no." 

Mr. HAYNSWORTH stated that he was paired with Mr. Wigg, 
otherwise he would vote “ no." 

Mr. Me WHITE stated that he was paired with Mr. Gilland, other¬ 
wise he would vote “no." 

Mr. McCOWN stated that he was paired with Mr. Morrison, other¬ 
wise he would vote “ no." 

Mr. NICHOLSON moved to amend as follows : Strike out on line 
9 the word “six" and insert in lieu thereof the word “five." 

Also, strike out on line 10 the word “four," and insert in lieu 
thereof the word “ three." 

Mr. SLIGH moved to amend as follows : Line 37, by striking out 
the word “three" and inserting in lieu thereof the word “four;" 
which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 587 


Also, line 38, by striking out the word “ three,” and inserting the 
word “Tour ; which was agreed to. 

Also, lines 38 and 39, by striking out the words “ one hundred 
dollars,” and inserting in lieu thereof the words “ the same as dele¬ 
gates of the Convention.” 

The question being put the amendment was rejected. 

Mr. NICHOLSON asked and obtained permission to withdraw his 
amendment to lines 9 and 10 of Section 1. 

Mr. WINKLER moved to amend Section 1 by inserting after the 
word “ session,” on line 8, the words: “ Provided , That such addi¬ 
tional per diem of two dollars shall not continue after the 7th day of 
December, 1895.” 

On motion of Mr. LEE, the amendment was laid on the table. 

Mr. RAGSDALE moved to amend line 22, Section 1, by striking 
out the words “one dollar and fifty cents” and insert in lieu thereof 
the words “ two dollars;” which was agreed to. 

Mr. HARRISON moved to amend by striking out on line 9 the word 
“six,” and inserting the word “eight” in lieu thereof. 

On motion of Mr. J. D. MONTGOMERY, the amendment was 
laid on the table. 

Mr. SMALLS moved to amend lines 24 and 25, by striking out the 
words “one dollar and fifty cents,” and insert in lieu thereof “two 
dollars ;” which was agreed to. 

Mr. RAGSDALE moved to amend by striking out on line 17 the 
words “two” and insert “three” in lieu thereof. 

The question being put, the amendment was rejected. 

Mr. W. D. EVANS moved to amend by striking out the word 
“ two ” on line 20, and inserting in lieu thereof the words “ two and 
one-half ;” which was agreed to. 

Mr. W. D. EVANS moved to amend by adding after the word 
“chaplain” the letter “s” and after the word “dollars” on line 39 
the word “each ;” which was agreed to. 

Mr. W. B. WILSON moved to amend line 19 by striking out the 
word “two” and inserting in lieu thereof the words “ two dollars and 
fifty cents ;” which was agreed to. 

Mr. McCOWN moved to amend line 12 by striking out the word 
“three” and inserting the word “four” in lieu thereof, so as to fix 
the pay for actual service for Journal Clerk at four dollars per day. 

The question being put, the amendment was rejected. 

Mr. RAGSDALE moved to reconsider the vote whereby his pro¬ 
posed amendment to line 17 was laid on the table. 




588 


JOURNAL OF PROCEEDINGS, 


The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

Tha yeas and nays were requested, and are as follows : 

Yeas, 70 ; nays, 42. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Austin, Barton, Belire, Bobo, Bradham, J. S. Brice, T. W. Brice, 
Burn, Cantey, Carver, Cooper, Dellay, Dennis, Dent, Dudley, 
Estridge, Fitch, Floyd, Gary, J. L. Glenn, Gooding, Hamel, Harri¬ 
son, Hay, D. S. Henderson, Henry, Howell, Hutson, Jervey, T. E. 
Johnson, George Johnstone, Wilie Jones, J. W. Kennedy, McCaslan, 
McGowan, McKagen, McMahan, McMakin, Miller, Mitchell, Moore, 
Murray, Otts, Parler, Patterson, Prince, Ragsdale, Redfearn, Ros- 
borough, Russell, Scarborough, Sligh, Smalls, W. C. Smith, Talbert, 
G. D. Tillman, Timmerman, Yon Kolnitz, Watson, Wells, Whipper, 
A. H. White, S. E. White, Wiggins, Stanyarne Wilson, W. B. Wil¬ 
son, and Winkler.—70. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Barry, Bowen, Buist, Clayton, Connor, 
Douglass, Doyle, Efird, W. D. Evans/Field, Gage, Gamble, Graham, 
Harris, Hemphill, Houser, Keitt, E. J. Kennedy, Klugh, McCalla, 
McCown, McWhite, J. D. Montgomery, W. J. Montgomery, Nichol¬ 
son, Parrott, J. H. Read, Rogers, Rowland, Shuler, Singletary, Sloan, 
A. J. Smith, R. F. Smith, Smoak, Stackhouse, Stribling, Taylor, B. 
R. Tillman, Waters, and Woodward.—42. 

The amendment being put was then agreed to. 

Mr. T. E. JOHNSON moved to amend line 18 by striking out the 
words “ two dollars and fifty cents” and inserting in lieu thereof the 
words “three dollars which was agreed to. 

Mr. TALBERT moved to reconsider the vote whereby the proposed 
amendment of Mr. Harrison to Section 1, line 9, was laid on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 66 ; nays, 45. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Atkin¬ 
son, Austin, Behre, Bobo, Bradham, Buist, Cantey, Clayton, 
Cooper, DeHay, Dennis, Derham, Dudley, Estridge, Field, Fitch, 
Gage, Garris, Gary, Gilland, J. L. Glenn, Hamel, Harrison, Hay, 
Hemphill, Henry, Howell, Hutson, Jervey, George Johnstone, Wilie 
Jones, Keitt, J. W. Kennedy, Klugh, Lee, McCaslan, McCown, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 589 


McGowan, McMakin, Miller, Moore, Murray, Otts, Ragsdale, Red- 
fearn, Rosborough, Singletary, Sligh, Sloan, Smalls, A. J. Smith, W. 

C. Smith, Talbert, Taylor, Von Kolnitz, Wharton, Whipper, A. H. 
White, Stanyarne Wilson, W. B. Wilson, and Winkler.—66. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Ashe, Barton, Bowen, Bowman, Burn, 
Connor, Douglass, Efird, W. D. Evans, Floyd, J. P. Glenn, Harris, 

D. S. Henderson, Houser, E, J. Kennedy, McCalla, McKagen, Mc¬ 
Mahan, McWhite, Meares, Mitchell, J. D. Montgomery, W. J. Mont¬ 
gomery, Nicholson, Parrott, Patterson, Peake, Prince, J. H. Read, 
Rogers, Russell, Scarborough, Shuler, R. F. Smith, Smoak, Stack- 
house, Stribling, B. R. Tillman, G. D. Tillman, Timmerman, Wat¬ 
son, AVells, S. E. White, and Woodward.—45. 

The amendment was then adopted. 

Mr. AUSTIN moved to amend line 16 by striking out the word 
ce three ” and inserting in lieu thereof the word “four;” which was 
agreed to. 

Mr. W. D. EVANS moved to amend as follows : Strike out the 
words “ two dollars and fifty cents” on line 18, and insert the words 
“ three dollars” in lieu thereof. 

The question being put the amendment was rejected. 

Mr. STANYARNE WILSON moved to amend lines 11, 12 and 15 
by striking out the word “ three” and inserting “ four.” 

Mr. BUIST moved to lay the amendment on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in'the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 73 ; nays, 40. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Atkinson, Bobo, Bowen, Buist, 
Burn, Clayton, Connor, Cooper, DeHay, Dennis, Douglass, Dudley, 
Efird, W. D. Evans, Field, Fitch, Floyd, Gage, Gamble, J. L. Glenn, 
J. P. Glenn, Graham, Gray, Harris, Harrison, Hay, Houser, George 
Johnstone, Wilie Jones, E. J. Kennedy, Klugh, McCalla, McCaslan, 
McKagen, McMahan, McMakin, McWhite, Meares, J. D. Mont¬ 
gomery, W. J. Montgomery, Moore, Murray, Nicholson, Parler, Par¬ 
rott, Patterson, Patton, Peake,' Prince, J. H. Read, Redfearn, Row¬ 
land, Russell, Scarborough, Shuler, Smalls, A. J. Smith, R. F. Smith, 
Smoak, Stribling, Talbert, Taylor, G. D. Tillman, Timmerman, 
Waters/Watson, Wells, A. H. White, S. E. White, Wiggins, and 
Winkler.—73. 



590 


JOURNAL OF PROCEEDINGS, 


Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Austin, 
Barry, Barton, Behre, Bradham, J. S. Brice, T. W. Brice, Carver, 
Estridge, Garris, Gary, Hamel, Hemphill, D. S. Henderson, Henry, 
Howell, Hutson, Jervey, T. E. Johnson, Keitt, J. W. Kennedy, Lee, 
Me Gown, McGowan, Miller, Mitchell, Otts, Ragsdale, Rogers, Ros- 
borough, Singletary, Sligh, Sloan, B. R. Tillman, Von Kolnitz, Whip- 
per, Stanyarne Wilson, W. B. Wilson, and Woodward.—40. 

Mr. STANYARNE WILSON moved to amend lines 11, 12 and 15 
by striking out the word “ three ” and inserting in lieu thereof the 
words “ three dollars and fifty cents. ” 

The question being put, the amendment was rejected. 

Mr. RAGSDALE moved to amend as follows: by striking out the 
word “two” wherever it occurs in lines 26, 27, 28, 29, 30, 32, 33, 
34, and 35, and insert in lieu thereof the word “ three.” 

The question being put, the amendment was rejected. 

Mr. ROGERS moved to amend lines 26, 27, 28, 29, 30, 32, 33, 34, 
and 35, by striking out the word “ two,” and inserting in lieu there¬ 
of the words “two dollars and fifty cents.” 

The question being put, the amendment was rejected. 

Mr. W. D. EVANS moved to amend by striking out “two dollars 
and fifty cents,” and inserting the words “ three dollars ” on line 20. 

The question being put, the amendment was rejected. 

Mr. GEORGE JOHNSTONE moved to recommit the ordinance to 
the Committee. 

After debate by Messrs. George Johnstone, Talbert, McGowan, 
Stanyarne Wilson, Parrott, Watson, W. C. Smith, Timmerman, 
McCalla and Field, 

Mr. COOPER moved that a vote be taken on this motion at 10:55 
P. M.; which was agreed to. 

The hour having arrived when a vote on the motion to recommit 
w r as to be taken, 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 42 ; nays, 72. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Barton, Bowen, J. S. Brice, Connor, Douglass, Efird, 
Estridge, W. D. Evans, Field, Floyd, Gage, J. L. Glenn, J. P. Glenn, 
Gray, Hamel, Harrison, D. S. Henderson, Houser, George John¬ 
stone, Keitt, McCalla, Meares, Mitchell, Mower, Nicholson, Otts, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 591 


Patterson, Russell, Shuler, Sloan, R. F. Smith, Talbert, B. R. Till¬ 
man, G. D. Tillman, Timmerman, Watson, Wiggins, and Stanyarne 
Wilson.—42. 

Those who voted in the negative are : 

Nays—Messrs. Austin, Barry, Behre, Bobo, Bowman, T. W. Brice, 
Buist, Burn, Carver, Clayton, Cooper, DeHay, Dennis, Dudley, 
Fitch, Gamble, Garris, Gary, Gilland, Graham, Harris, Hay, Hemp¬ 
hill, Henry, Howell, Hutson, Jervejr, T. E. Johnson, E. J. Kennedy, 
J. W. Kennedy, Klugh, Lee, McCaslan, McCown, McGowan, 
McKagen, McMahan, McMakin, McWhite, Miller, J. D. Montgomery, 
W. J. Montgomery, Moore, Murray, Oliver, Parler, Parrott, Patton, 
Prince, Ragsdale, J. H. Read, Redfearn, Rogers, Rosborough, Row¬ 
land, Scarborough, Singletary, Sligh, Smalls, A. J. Smith, W. C. 
Smith, Smoak, Stribling, Taylor, Von Kolnitz, Waters, Wells, Whip- 
per, A. H. White, S. E. White, W. B. Wilson, and Woodward.—72. 

Mr. BATES stated that he was paired with Mr. Bellenger, other¬ 
wise he would vote “ aye.” 

Mr. B. R. TILLMAN moved to adjourn. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 26; nays, 90. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Atkinson, 
Bates, Connor, Douglass, Efird, W. D. Evans, Gray, Hamel, Harrison, 
D. S. Henderson, Houser, T. E. Johnson, George Johnstone, Meares, 
Mitchell, Mower, Nicholson, Patterson, J. H. Read, Shuler, B. R. 
Tillman, G. D. Tillman, Timmerman, Watson, and Stanyarne Wil¬ 
son—26. 

Those who voted in the negative are: 

Nays—Messrs. Alexander, Ashe, Austin, Barry, Barton, Behre, 
Bobo, Bowen, Bowman, Bradham, J. S. Brice, T. W. Brice, Buist, 
Burn, Carver, Clayton, Cooper, Dennis, Dudley, Estridge, Field, 
Fitch, Floyd, Gage, Gamble, Garris, Gary, Gilland, J. L. Glenn, 
J. P. Glenn, Graham, Harris, Hay, Hemphill, Henry, Howell, Hut¬ 
son, Jervey, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Lee, 
McCalla, McCaslan, McCown, McGowan, McKagen, McMahan, Mc¬ 
Makin, McWhite, Miller, J. D. Montgomery, W. J. Montgomery, 
Moore, Murray, Oliver, Otts, Parler, Parrot, Patton, Prince, Rags¬ 
dale, Redfearn, Rogers, Rosborough, Rowland, Russell, Scarborough, 
Singletary, Sligh, Sloan, Smalls, A. J. Smith, R. F. Smith, W. C. 
Smith, Smoak, Stribling, Talbert, Taylor, Von Kolnitz, Waters, 




592 


JOURNAL OF PROCEEDINGS, 


Wells, Wharton, Whipper, A. H. White, S. E. White, Wiggins, and 
W. B. Wilson—90. 

Mr. DeIIAY stated that he was paired with Mr. Gunter, otherwise 
he would vote “no.” 

Mr. STANYARNE WILSON moved to amend, by striking out on 
line G, all after the word session, down to and including the word 
“per,” on line 7, inserting in lieu thereof the word “a.” 

Also, by striking out all after the word “ from ” on line 7, down to 
and including the word “session,” on line 8. 

Mr COOPER moved to lay the motion on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 63 ; nays, 39. 

Those who voted in the affirmative are: 

Yeas.—Messrs. Barry, Barton, Behre, Bobo, Bowen, J. S. Brice, T. 
W. Brice, Burn, Carver, Clayton, Cooper, Dudley, Fitch, Gage, 
Gamble, Gilland, Graham, Harris, Hay, Hemphill, Henry, Hutson, 
Jervey, T. E. Johnson, E. J. Kennedy, Klugli, McCalla, McCaslan, 
McGowan, McKagen, McMahan, McMakin, Mitchell, J. D. Mont¬ 
gomery, W. J. Montgomery, Moore, Murray, Oliver, Parler, Par¬ 
rott, J. H. Read, Redfearn, Rogers, Rosborough, Rowland, Scar¬ 
borough, Singletary, Sligh, Smalls, A. J. Smith, R. F. Smith, W. C. 
Smith, Smoak, Stribling, Taylor, VonKolnitz, Waters, Wells, Whip¬ 
per, A. H. White, S. E. White, W. B. Wilson, and Woodward.—63. 

Those who voted in the negative are : 

Nays.—Hon. John Gary Evans, President, and Messrs. Alexander, 
Atkinson, Austin, Bowman, Buist, Connor, Douglass, Efird, Estridge, 
Field, Floyd, Garris, Gary, J. L. Glenn, J. P. Glenn, Gray, Hamel, 
Harrison, D. S. Henderson, Houser, George Johnstone, Keitt, J. W. 
Kennedy, McWhite, Meares, Mower, Nicholson, Otts, Patterson, 
Russell, Shuler, Sloan, Talbert, B. R. Tillman, G. D. Tillman, Wat¬ 
son, and Stanyarne Wilson.—39. 

Mr. DeIIAY stated that he was paired with Mr. Gunter, otherwise 
he would vote “aye.” 

Mr. DENNIS stated that he was paired with Mr. Stokes, otherwise 
he would vote “aye.” 

Mr. MILLER stated that he was paired with Mr. Sheppard, other¬ 
wise he would vote “aye.” 

Mr. BATES stated that he was paired with Mr. Bellinger, other¬ 
wise he would vote “no.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 593 


Mr. W. D. EVANS stated that he was paired with Mr. Jeremiah 
Smith, otherwise he would vote “ no.” 

Mr. BRAD HAM stated that he was paired with Mr. Bryan, other¬ 
wise he would vote “aye.” 

Mr. McCOWN stated that he was paired with Mr. Morrison, other¬ 
wise he would vote “no.” 

Mr. HOWELL stated that he was paired with Mr. Lowman, other¬ 
wise he would vote “ aye.” 

Mr. McGOWAN moved to amend as follows : By adopting Section 
1 as reported by the Committee, except in line 7, by striking out the 
word “fifteenth” and inserting the word “sixteenth;” which was 
agreed to. 

Mr. McGrOWAN moved to reconsider the vote whereby the Con¬ 
vention agreed to this amendment and to lay that motion on the table ; 
which was agreed to. 

Mr. McGOWAN moved to discharge the special order for 8 P. M. 
this day, (No. 29, report of Committee on Counties and County Gov¬ 
ernment,) and to make the same a special order for 10 A. M. to-mor¬ 
row, and from day to day until disposed of ; which was agreed to. 

On motion of Mr. GRAY, at 11:40 P. M. the Convention adjourned 
until 10 A. M. to-morrow. 


FIFTY-SECOND DAY. 


Wednesday, November 20, 1895. 


The Convention assembled at 10 o’clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Berry, Bobo, 
Bowen, Bovvman, Bradham, Breazeale, J. S. Brice, T. W. Brice, Buist, 
Burn, Cantey, Carver, Clayton, Connor, Cooper, Cunningham, De- 
IIay, Dennis, Dent, Derham, Douglass, Doyle, Dudley, Efird, Ellerbe, 
Estridge, W. D. Evans, Field, Fitch, Floyd, Fraser, Gage, Gamble, 
38-500 






594 


JOURNAL OF PROCEEDINGS, 


Garris, Gary, Gilland, J. L. Glenn, J. P Glenn, Gooding, Graham, 
Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, 

D. S. Henderson, Henry, Houser, Howell, Hutson, Jervey, T. E. 
Johnson, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, 

E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, 
McCalla, McOaslan, McCown, McDermotte, McGowan, McKagen, Mc¬ 
Mahan, McMakin, McWhite, Meares, Miller, Mitchell, J. D Mont¬ 
gomery, W. J. Montgomery, Moore, Mower, Murray, Nash, Nathans, 
Nicholson, Oliver, Otts, Parler, Parrott, Patterson, Patton, Peake, 
Prince, Ragsdale, J. H. Read, Redfearn, I. R. Reed, Rogers, Rosbor- 
ough, Rowland, Russell, Scarborough, Shuler, Singletary, Sligh, 
Sloan, Smalls, A. J. Smith, R. F. Smith, W. C. Smith, Smoak, 
Stackhouse, Stokes, Stribling, Sullivan, Talbert, Taylor, B. R. Till¬ 
man, G. D. Tillman, Timmerman, Von Kolnitz, Waters, Watson, Wells, 
Wharton, Whipper, A. H. White, S. E. White, Wiggins, Stanyarne 
Wilson, W. B. Wilson, Winkler, and Woodward. 

Present, 143. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 
COMMUNICATION. 

The PRESIDENT had the Reading Clerk read a communication 
from the Hon. W. D. Mayfield in reference to the Convention going 
to the Atlanta Exposition on “ South Carolina Day.” 

Mr. EFIRD moved that the Convention go to the Exposition in a 
body, saying he was opposed to the motion, but made it to test the 
question. 

Mr. GEORGE JOHNSTONE moved to lay the motion on the 
table. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 98 ; nays, 36. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Atkinson, Barry, Barton, Behre, Bobo, 
Bowen, Bowman, Bradham, Breazeale, T. W. Brice, Cantey, Carver, 
Clayton, Connor, Cooper, DeHay, Dennis, Douglass, Doyle, Efird, 
Ellerbe, W. D. Evans, Field, Fitch, Floyd, Gage, Gamble, Garris, 
Gilland, J. L. Glenn, J. P. Glenn, Graham, Gunter, Harris, Harri- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 595 


son, Hay, Haynsworth, Hemphill, D. S. Henderson, Houser, Howell, 
Jervey, T. E. Johnson, George Johnstone, Ira B. Jones, Keitt, E. J. 
Kennedy, J. W. Kennedy, Klugh, Lybrand, McGowah, McKagen, 
McMakin, McWhite, Meares, Mitchell, W. J. Montgomery, Moore, 
Mower, Murray, Nathans, Nicholson, Oliver, Otts, Parler, Patterson, 
Peake, Ragsdale, Redfearn, Rosborough, Rowland, Russell, Shuler, 
Sligh, Sloan, A. J. Smith, R. F. Smith, W. C. Smith, Smoak, Stack- 
house, Sullivan, Talbert, Taylor, B. R. Tillman, Von Kolnitz, Waters, 
Watson, Wells, Wharton, Whipper, A. H. White, S. E. White, Wig¬ 
gins, Stanyarne Wilson, W. B. Wilson, Winkler, and Woodward.—98. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Ashe, Austin, Bates, J. S. Brice, Burn, Dent, Dudley, Estridge, Gary, 
Gooding, Hamel, Henry, Hutson, Lee, Lowman, McCalla, McCaslan, 
McCown, McMahan, Miller, J. D. Montgomery, Nash, Parrott, Pat¬ 
ton, Prince, J. H. Read, Rogers, Scarborough, Singletary, Smalls, 
Stokes, Stribling, G. D. Tillman, and Timmerman.—36. 

Mr. B. R. TILLMAN offered the following resolution : 

Resolved , That Messrs. Stanyarne Wilson, W. D. Evans and George 
Johnstone be, and they are hereby, appointed a Steering Committee to ar¬ 
range for completing the work of this Convention so that it may be 
engrossed, if practicable, by Tuesday night next. 

Mr. WINKLER moved to lay the resolution on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 63 ; nays, 70. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Austin, Barry, Bates, Behre, Breazeale, 
Carver, Clayton, Cooper, DeHay, Derham, Dudley, Efird, Ellerbe, 
Fitch, Floyd, Gamble, Garris, Gilland, J. L. Glenn, J. P. Glenn, 
Gooding, Hay, Hemphill, D. S. Henderson, Henry, Hutson, Ira B. 
Jones, Keitt, E. J. Kennedy, Klugh, Lee, McCown, McGowan, 
McKagen, McMahan, McWhite, Meares, J. D. Montgomery, W. J. 
Montgomery, Moore, Mower, Murray, Parrott, Patterson, Prince, 
Ragsdale, J. H. Read, Redfearn, I. R. Reed, Rogers, Scarborough, 
Shuler, Sligh, Sloan, Smalls, A. J. Smith, Smoak , Sullivan, Von 
Kolnitz, Wells, Whipper, and Winkler.—63. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Barton, Bobo, Bowen, Bowman, Bradham, J. S. 
Brice, T. W. Brice, Burn, Cantey, Connor, Cunningham, Dennis, 




596 


JOURNAL OF PROCEEDINGS, 


Dent, Douglass, Doyle, Estridge, Field, Gage, Gary, Graham, Gunter, 
Hamel, Harris, Harrison, Haynsworth, Houser, Howell, Jervey, T. E. 
Johnson, J.,W. Kennedy, Lowman, Lybrand, McCalla, McCaslan, 
McMakin, Miller, Mitchell, Nash, Nathans, Nicholson, Oliver, Otts, 
Parler, Peake, Rosborough. Rowland, Russell, Singletary, R. F. 
Smith, W. C. Smith, Stackhouse, Stokes, Stribling, Talbert, Taylor, 
B. R. Tillman, G. D. Tillman, Timmerman, Waters, Watson, 
Wharton, A. H. White, S. E. White, Wiggins, W. B. Wilson, and 
Woodward.—70. 

Debate continued by Messrs. G. D. Tillman, Yon Kolnitz, Talbert, 
Gage and Hemphill. 

The question being put on the adoption of Mr. B. R. Tillman's 
resolution : “ Will the Convention agree thereto ?” it was decided in 
the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 74 ; nays, 55. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Barton, Bobo, Bowen, Bowman, J. S. Brice, T. W. 
Brice, Buist, Burn, Cantey, Connor, Cunningham, Dellay, Dennis, 
Dent, Douglass, Doyle, Dudley, Estridge, Field, Gage, Gary, J. L. 
Glenn, J. P. Glenn, Graham, Gunter, Hamel, Harris, Harrison, 
Haynsworth, D. S. Henderson, Houser, T. E. Johnson, Keitt, J. W. 
Kennedy, Lowman, Lybrand, McCalla, McCaslan, McMakin, Miller, 
Mitchell, Moore, Nash, Nathans, Nicholson, Otts, Parler, Patton, 
Rosborough, Russell, Singletary, Sligh, R. F. Smith, W. C. Smith, 
Stackhouse, Stokes, Stribling, Sullivan, Talbert, Taylor, B. R. Till¬ 
man, G. D. Tillman, Timmerman, Watson, Wharton, A. H. White, 
S. E. White, Wiggins, W. B. Wilson, and Woodward.—74. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Austin, Barry, Bates, Bradham, Brea- 
zeale, Carver, Clayton, Cooper, Derham, Efird, Fitch, Floyd, Gamble, 
Garris, Gilland, Gooding, Hay, Hemphill, Henry, Howell, Hutson, 
Jervey, Ira B. Jones, E J. Kennedy, Klugh, McCown, McGowan, 
McKagen, McMahan, McWliite, Meares, J. D. Montgomery, W. J. 
Montgomery, Mower, Murray, Parrott, Patterson, Prince, Ragsdale, 
J. H. Read, I. R. Reed, Rogers, Rowland, Scarborough, Shuler, 
Sloan, Smalls, A. J. Smith, Smoak, Yon Kolnitz, Waters, Wells, 
Whipper, and Winkler.—55. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 597 


RESOLUTIONS. 

Mr. W. D. EVANS introduced the following resolution, which was 
read the first time and referred to the Steering Committee: 

Resolved, The sessions of the Convention shall he as follows after to-day: 
Meet at 9:30 o’clock A. M., adjourn at 2 o’clock P. M.; meet at 4 o’clock P. M., 
adjourn at 6 o’clock P.'M.; meet at 7:30 o’clock P. M., adjourn at will. 

Mr. CONNOR introduced the following resolution, which was read 
the first time and referred to the Steering Committee: 

Resolved, That the sessions of this Convention from now until the 
adjournment of same, he as follows, viz.: Convene at 9 A. M., recede at 1 
P. M.; convene at 3 P. M., recede at 5 P. M.; convene at 7:30 P. M. 

Mr. McCALLA introduced the following resolution, which was 
read the first time and referred to the Committee on Finance and 
Taxation : 

Resolved, That the State Treasurer he, and he is hereby, instructed to re¬ 
port at once to this Convention whether or not he has sufficient funds in 
hand to meet the expenses of this Convention; and if he has not sufficient 
funds on hand, that he report upon what terms he can borrow the same until 
refunded by the Legislature. 

LEAVE OF ABSENCE. 

Indefinite leave of absence was granted to Mr. Matthews on account 
of sickness. 

REPORTS OF STANDING COMMITTEES. 

Mr. FIELD, for Committee on Contingent Accounts, submitted 
the following report, which was considered immediately, agreed to, 
and the account ordered paid : 

The Committee on Contingent Accounts, to whom was referred the within 
account of R. L. Bryan & Co. for $139.10—we further recommend that $11.75 
of this amount be paid out of the funds of Engrossing Department,—re¬ 
spectfully report that they have carefully examined the same, and recom¬ 
mend that it be paid. 

W. T. FIELD, Chairman. 

Mr. FRASER, for the Committee on Order, Style, and Revision, 
submitted the following report : 

The Committee on Order, Style and Revision, to whom was referred an 
ordinance to permit the General Assembly to pass certain Acts in reference 



598 


JOURNAL OF PROCEEDINGS, 


to railroad subscriptions in Chesterfield County, beg leave to report that 
the same has been enrolled, and is herewith submitted for ratification. 

The report was considered immediately and the ordinance ratified. 
UNFINISHED BUSINESS. 

No. 58, an ordinance defining the pay and mileage of the members, 
officers and employees of this Convention. 

Section 2. Mr. FIELD moved to amend lines 1 and 2 by striking 
out the words “officers and employeeswhich was agreed to. 

The Section as amended was adopted. 

Section 3. Mr. FIELD moved to amend line 3 by inserting in the 
blank space, after the word “hall," the words “five hundred dollars;" 
which was agreed to. 

The Section as amended was adopted. 

The ordinance having been read the second time was adopted as 
amended and ordered engrossed for a third reading to-morrow. 

SPECIAL ORDER. 

No. 29, report of Committee on Counties and County Government. 

Section 1 was adopted as amended. 

Section 2. Mr. TALBERT moved to amend as follows: Add to 
the end of Section 2 the words “ In all elections for the formation of 
new Counties, the Constitution and laws now regulating and con¬ 
trolling elections in this State shall remain in force until the laws 
regulating the same under the new Constitution shall become 
operative." 

After debate by Messrs. Scarborough, McGowan, G. D. Tillman 
and Talbert, 

Mr. McGOWAN moved to lay the amendment on the table ; which 
was agreed to. 

Mr. LEE moved to strike out the word “ shall" on line 3 and insert 
the word “may" in lieu thereof. 

After debate by Messrs. Lee, Geo. Johnstone, G. D. Tillman, J. S. 
Brice and D. S. Henderson, 

Mr. G. D. TILLMAN moved to lay the amendment on the table ; 
which was agreed to. 

The Section as amended was adopted. 

Section 3. Mr. W. B. WILSON moved to amend as follows : 

Amend Section 3 by adding thereto the following: Provided, That a new 
County, which shall embrace within its limits the city of Rock Hill, may be 
formed, with an area of not less than three hundred square miles, and hav- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 599 


mg a population of not less than fifteen thousand inhabitants, and prop¬ 
erty assessed for taxation at not less than two and one-half millions of 
dollars, and cutting into any established County not nearer than eight 
miles to its Court House; and the city or town selected as the County seat 
of such new County shall defray the expense of building a County Court 
House and jail. 

Mr. B. R. TILLMAN moved that at 1:15 P. M. a vote be taken 
upon this amendment ; which was agreed to. 

The following gentlemen spoke in favor of the amendment: Messrs. 
W. B. Wilson, S. E. White and A. H. White. 

The following gentlemen spoke in opposition to the amendment: 
Messrs. J. S. Brice, Efird and J. L. Glenn. 

The PRESIDENT called Vice President Ira B. Jones to the chair. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 49; nays, 67. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Bowen, Bradham, Buist, 
Burn, Cantey, Carver, DeHay, Dennis, Doyle, Dudley, Estridge, 
Field, Gamble, Gilland, Graham, Gunter, Harrison, T. E. Johnson, 
George Johnstone, Ira B. Jones, Keitt, McMakin, Meares, Miller, 
Moore, Murray, Nash, Ragsdale, Redfearn, I. R. Reed, Rogers, Ros- 
borough, Scarborough, Singletary, Sligh, Sloan, Smalls, Taylor, B. 
R. Tillman, G. D. Tillman, Wells, Wharton, A. II. White, S. E. 
White, Stanyarne Wilson, W. B. Wilson, and Woodward.—49. 

Those who voted in the negative are : 

Nays—Messrs. Ashe, Atkinson, Austin, Barry, Barton, Bates, 
Behre, Bobo, Bowman, Breazeale, J. S. Brice, Clayton, Connor, 
Cooper, Cunningham, Dent, Derham, Douglass, Efird, W. D. Evans, 
Floyd, Gage, Gary, J. L. Glenn, J. P. Glenn, Gooding, Harris, Hay, 
Haynsworth, Hemphill, Henry, Houser, Howell, Hutson, E. J. Ken¬ 
nedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, McCalla, Mc¬ 
Gowan, McMahan, McWhite, W. J. Montgomery, Mower, Nathans, 
Nicholson, Oliver, Parler, Parrott, Patterson, Peake, J. H. Read, 
Russell, Shuler, A. J. Smith, W. C. Smith, Smoak, Stokes, Stribling, 
Sullivan, Talbert, Timmerman, Waters, Wiggins, and Winkler.—67. 

PAIRS. 

Mr. WATSON stated that he was paired with Mr. Wilie Jones, 
otherwise he would vote “no.” 

Mr. STACKHOUSE stated that he was paired with Mr. Fraser, 
otherwise he would vote “yea.” 




600 


JOURNAL OF PROCEEDINGS, 


Mr. McKAGEN stated that he was paired with Mr. Bellinger, 
otherwise he would vote “yea.” 

Mr. HAMEL stated that he was paired with Mr. Matthews, other¬ 
wise he would vote “aye.” 

Mr. OTT8 stated that he was paired with Mr. Farrow, otherwise 
he would vote “aye.” 

Mr. FITCH stated that he was paired with Mr. Sheppard, other¬ 
wise he would vote “no.” 

Mr. J. S. BRICE moved to reconsider the vote whereby the Con¬ 
vention rejected the proposed amendment, and to lay that motion on 
the table ; which was agreed to. 

The Section as amended was adopted. 

Section 4. Mr. B. R. TILLMAN moved to amend as follows : 

Strike out “ fifteen thousand inhabitants” on line 3 and insert “ one one 
hundred and twenty-fourth part of the inhabitants of the State.” 

On motion of Mr. PATTERSON, the proposed amendment was laid 
on the table. 

The Section was adopted as reported by the Committee. 

Section 5. Mr. HAMEL moved to amend by striking out the word 
“seat” at the end of line 2 and inserting in lieu thereof the words 
“court house building.” 

After debate by Messrs. George Johnstone, Gary, Prince and B. R. 
Tillman, 

Mr. McGOWAN offered the following as a substitute for the amend¬ 
ment: Strike out on line 2 the word “eight” and insert in lieu 
thereof the word “ten.” 

Also, by striking out “ County seat,” on line 2, and inserting in 
lieu thereof the words “ court house building.” 

Mr. E. J. KENNEDY moved that at 1:55 a vote be taken on this 
substitute ; which was agreed to. 

The hour having arrived the vote was taken. 

The question being put: “ Will the Convention agree thereto ?” it 
w r as decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 44; nays, 75. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Bates, Behre, Bowen, Bowman, J. S. Brice, Burn, Carver, 
Connor, Dent, Doyle, Dudley, Efird, Ellerbe, Fitch, Gary, Harris, 
Hemphill, D. S. Henderson, Howell, Jervey, E. J. Kennedy, Lee, 
Lowman, McCalla, McGowan, Mitchell, J. D. Montgomery, A¥. J. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 601 


Montgomery, Oliver, Parrott, Patterson, Patton, Peake, J. H. Read, 
Redfearn, Russell, Stokes, Stribling, Sullivan, Von Kolnitz, and 
Statiyarne Wilson. —44. 

Those who voted in the negative are : 

Nays—Messrs. Ashe, Atkinson, Austin, Barry, Barton, Bobo Brea- 
zeale, T. W. Brice, Buist, Cantey, Cooper, Cunningham, DeHay, 
Dennis, Douglass, Estridge, W. D. Evans, Field, Gage, Gamble, Gar¬ 
ris, Gilland, J. L. Glenn, J. P. Glenn, Gooding, Gunter, Hamel, 
Harrison, Henry, Hutson, T. E. Johnson, George Johnstone, Ira B. 
Jones, Keitt, J. W. Kennedy, Lybrand, McCaslan, McCown, Mc- 
Kagen, McMakin, Me White, Meares, Miller, Moore, Mower, Murray, 
Nash, Nicholson, Parler, Prince, Ragsdale, Rogers, Rosborough, 
Scarborough, Shuler, Sligh, Sloan, Smalls, A. J. Smith, R. F. Smith, 
W. 0. Smith, Smoak, Talbert, Taylor, B. R. Tillman, G. D. Till¬ 
man, Timmerman, Waters, Wells, Wharton, A. H. White, S. E. 
White, Wiggins, W. B. Wilson, and Woodward.—75. 

PAIRS. 

Mr. WINKLER stated that he was paired with Mr. Aldrich, other¬ 
wise he would have voted “ no.” 

Mr. WATSON stated that he was paired with Mr. Wilie Jones, 
otherwise he would have voted “no.” 

Mr. HAYNSWORTH stated that he was paired with Mr. Hay, 
otherwise he would have voted “no.” 

Mr. FLOYD stated that he was paired with his colleague Mr. Hay, 
otherwise he would vote “no.” 

Mr. OTTS stated that he was paired with Mr. Farrow, otherwise 
he would vote “no.” 

Mr. STACKHOUSE stated that he was paired with Mr. Fraser, 
otherwise he would vote “no.” 

Mr. CLAYTON stated that he was paired with Mr. Barker, other¬ 
wise he would vote “no.” 

Mr. McMAHAN stated that he was paired with Mr. Bryan, other¬ 
wise he would vote “ no.” 

Mr. DERHAM stated that he was paired with Mr. Klugh, other¬ 
wise he would vote “no.” 

REASON FOR VOTING. 

I vote “yea” on account of my personal friendship for Mr. W. C. 
McGowan. 


H. C. PATTON. 



602 


JOURNAL OF PROCEEDINGS, 


Mr. LOW MAN offered the following as a substitute for the amend¬ 
ment proposed by Mr. Hamel : Strike out the word “ eight " on line 
2 and insert in lieu thereof the word ‘‘ nine ;" also, to strike out the 
word “seat," and after the word “ County" add the words “court 
house building." 

The pending question being the amendment proposed by Mr. Low- 
man. 

On motion of Mr. STANYARNE WILSON, at 2:10 P. M., the 
Convention receded from business until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

LEAVES OF ABSENCE. 

Mr. MILLER was granted leave of absence until 10 A. M. on 
Friday next, on account of important business. 

COMMUNICATION. 

The PRESIDENT of the Convention submitted a communication 
from Mrs. Sallie H. Rudd, relating to female suffrage, which, on 
motion of Mr. STANYARNE WILSON, was received as information. 

Mr. FIELD presented the following account, which was read the 
first time and referred to the Committee on Contingent Accounts and 
Expenses : 

Columbia, S. C., November 20, 1895. 

Constitutional Convention 

To The Columbia Electric Street Railway 

Light and Power Company. Dr. 
For Lighting State House from September 10 to November 30, ’95,.$700. 

Mr. E. J. KENNEDY submitted the following amendment to the 
report of the Committee on Education, Section 12, with the request 
that the same be printed in the Journal; which was agreed to : 

Mr. E. J. Kennedy asks leave to print in the Journal the following sub¬ 
stitute which was agreed upon by him and the Chairman of the Committee 
on Education for Section 12 of the Article on Education pending the sec¬ 
ond reading of the Article: 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 603 


Section 12. All the net income to be derived by the State from the sale, or 
license for the sale, of spirituous, malt, vinous and intoxicating liquors and 
beverages and the profits of the Penitentiary shall be applied annually in 
aid of the supplementary tax provided for in the sixth Section of this Arti¬ 
cle; and if, after said application, there should be a surplus, it shall be in¬ 
vested to create a school fund, the income of which investment shall be 
applied first, if necessary, in aid of the said supplementary tax; otherwise 
it shall be devoted to public school purposes and apportioned as the Gen¬ 
eral Assembly may determine. All waste and unappropriated lands belong¬ 
ing to the State, which terms shall include marsh and tide water lands, 
but not the phosphate royalty or phosphate deposits, and the income to be 
derived from said lands by leasing them, shall be set apart and be and re¬ 
main forever a perpetual school fund for the support of the public schools 
of this State. All funds to be derived from the sale of the aforesaid lands, 
if the General Assembly should ever deem it advantageous to sell the same, 
shall be securely invested, and the interest alone shall be appropriated. 

Mr. STANYARNE WILSON, on behalf of the Committee on 
Steering, submitted the following report: 

The Steering Committee respectfully report as follows: 

1. The Convention shall each day convene at 9.30 A. M.; recede from busi¬ 
ness at 2 P. M. till 4 P. M. and continue in session till 6 P. M.; again recede 
till 7.30 P. M. and then continue in session till adjournment for the day is 
had. 

2. The time of the Convention for the present week is assigned as fol¬ 
lows : 

(a.) For this evening, November 20th: To the report of the Committee 
on Counties and County Government, No. 29, one hour, if so much be neces¬ 
sary. 

To the report of the Committee on Legislative Department, No. 10, three 
hours. 

(b .) For November 21st: To the report of the Committee on Finance and 
Taxation, No. 12, two hours, if so much be necessary. To the report of the 
Committee on Judicial Department, No. 42, the remainder of the day and 
the whole of November 22d, if so much be necessary. 

(c.) At the conclusion of the last named report, to the report of the Com- 
mitee on Declaration of Rights, No. 34, two hours, if so much be neces¬ 
sary ; then to the third reading of report of Committee on Contingent 
Accounts, No. 58, one hour, if so much be necessary; then to the third 
reading of report of Committee on Jurisprudence, No. 46, one hour, if so 
much be necessary ; then to the third reading of report of Committee on 
Corporations, No. 30, one hour, if so much be necessary; then to the report 
of Committee on Finance and Taxation, No. 50, and to each of the several 
ordinances, Nos. 48, 57 and 59, in the order named, one hour, if so much be 
necessary. 

3. The assignment of time for Monday and Tuesday of next week will 
be announced Saturday next. 

4. Each of the periods assignedto the several reports and ordinances will 
be distributed by this Committee amongst the various amendments to be 




604 


JOURNAL OF PROCEEDINGS, 


proposed, as they may arise during the progress of the debate, whereupon 
such portion of time so tixed shall be equally divided between, and be at 
the disposal of, the mover of the amendment and the Chairman of the Com¬ 
mittee reporting the Article or ordinance. 

Section 5. That the rule as to reconsideration of matters shall not apply 
to the report of this Committee. 


UNFINISHED BUSINESS. 

No. 29, report of the Committee on Counties and County Govern¬ 
ment. 

The pending question being the proposed amendment of Mr. Low- 
man to Section 5, printed in the Journal to-day 

After debate by Messrs. Lowman, Ellerbe, Stokes, Cooper, George 
Johnstone, Patterson, Parrott, Sligh, Burn and Clayton, 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 62 ; nays, 63. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexan¬ 
der, Ashe, Austin, Bates, Behre, Bowen, Bowman, Breazeale, J. S. 
Brice, T. W. Brice, Burn, Carver, Connor, Cunningham, Doyle, Dud¬ 
ley, Elird, Ellerbe, W. D. Evans, Fitch, Gage, Gary, J. L. Glenn, 
Gooding, Harris, Hay, Haynsworth, Hemphill, D. S. Henderson, 
Houser, Howell, Hutson, T. E. Johnson, E. J. Kennedy, Klugh, 
Lee, Lowman, McCalla, McMahan, Mitchell, J. D. Montgomery, 
W. J. Montgomery, Mower, Nicholson, Oliver, Parrott, Patterson, 
Peake, Prince, J. IJ. Read, I. R. Reed, Rowland, Russell, W. C. 
Smith, Stokes, Stribling, Sulliyan, Von Kolnitz, Wells, Stanyarne 
Wilson, and Winkler.—62. 

Those who voted in the negative are : 

Nays—Messrs. Atkinson, Barry, Barton, Bobo, Bradham, Buist, 
Cantey, Cooper, Dellay, Dennis, Derham, Douglass, Estridge, Field, 
Floyd, Gamble, Garris, Gilland, J. P. Glenn, Graham, Gray, Gunter, 
Hamel, Harrison, Henry, George Johnstone, Ira B. Jones, Wilie 
Jones, Keitt, J. W. Kennedy, McCaslan. McCown, McKagen, 
McMakin, McWhite, Meares, Miller, Moore, Murray, Parler, Rags¬ 
dale, Rogers, Rosborough, Scarborough, Shuler, Singletary, Sligh, 
Sloan, Smalls, Smoak, Talbert, Taylor. B. R. Tillman, G. D. Till¬ 
man, Timmerman, Waters, Watson, Wharton, A. H. White, S. E. 
White, Wiggins, W. B. Wilson, and Woodward.—63. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 605 


Mr. ME ARES moved to reconsider the vote whereby the Conven¬ 
tion rejected the proposed substitute, and to lay that motion on the 
table ; which was agreed to. 


PAIRS. 

Mr. McDERMOTTE stated that he was paired with Mr. McGowan, 
otherwise he would vote “ no/’ 

Mr. STACKHOUSE stated that he was paired with Mr. Eraser, 
otherwise he would vote “no.” 

Mr. OTTS stated that he was paired with Mr. Farrow, otherwise 
he would vote “no/’ 

Mr. CLAYTON stated that he was paired with Mr. Barker, other¬ 
wise he would vote “ no.” 

The question being upon the amendment proposed by Mr. Hamel 
printed in the Journal this morning, the amendment was adopted. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote where¬ 
by the amendment was adopted and to lay that motion on the table ; 
which was agreed to. 

The Section as amended was adopted. 

Mr. W. C. SMITH introduced the following to be known as Sec¬ 
tion 13 : 

Section-. The General Assembly may, in its discretion, create any 

new County with an area of not less than three hundred square miles when¬ 
ever it is shown that an area of four hundred square miles can not be 
obtained and upon such new County complying with all the other manda¬ 
tory requirements of this Article. 

After debate by Messrs. W. C. Smith, J. S. Brice, W. B. Wilson, 
G. D. Tillman, Ira B. Jones, J. L. Glenn, Patterson and Prince, 

Mr. STANYARNE WILSON moved to lay the motion on the 
table ; which was agreed to. 

Section 6 was adopted as reported by the Committee. 

Section 7 was adopted as reported by the Committee. 

Section 8. Mr. MOORE moved to amend as follows : line 1, by 
striking out “ two-third ” and inserting the word “ majority.” 

On motion of Mr. AUSTIN, the amendment was laid on the table. 

Mr. W. B. WILSON moved to amend line 2 by adding after the 
word “County” the words “voting at such election;” which was 
agreed to. 

The Section as amended was adopted. 

Sections 9, 10 and 11 were adopted as reported by the Committee. 




606 


JOURNAL OF PROCEEDINGS, 


Section 12. Mr. B. R. TILLMAN moved to amend by adding the 
following to the end of the Section : 

The election ordered in said ordinance for the location of its County seat 
shall be held under the Constitution and laws now of force, and the Gene¬ 
ral Assembly shall provide for the assessment of property in the County of 
Saluda for the fiscal year beginning January 1st, 1896, and for the collec¬ 
tion of said taxes when assessed. 

Which was agreed to. 

Mr. B. R. TILLMAN offered the following to be known as Sec¬ 
tion 13 : 

Section 13. The General Assembly may at any time arrange the various 
Counties into Judicial Circuits and into Congressional Districts, including 
the County of Saluda, as it may deem wise and proper, and may establish 
or alter the location of voting precincts in any County; 

Which was agreed to. 

The Article as amended was read the third time, adopted, and re¬ 
ferred to the Committee on Order, Style and Revision, to be enrolled 
for ratification. 

Mr. PATTON moved to reconsider the vote whereby the Conven¬ 
tion appointed a Committee on Steering to control the action of this 
Convention. 

After debate by Messrs. Lee, Stanyarne Wilson, Geo. Johnstone, 
McCalla and McGowan, 

Mr. B. R. TILLMAN moved that the report of the Steering Com¬ 
mittee be submitted to the Convention. 

Debate continued by Messrs. G. D. Tillman, Floyd, Gage, D. S. 
Henderson and Patton. 

The question being put upon the motion of Mr. Patton to recon¬ 
sider the vote appointing the Steering Committee, the Convention 
refused to reconsider. 

Mr. B. R. TILLMAN moved that the report of the Steering Com¬ 
mittee be read ; which was agreed to. 

Section 1 was adopted as reported by the Committee. 

Section 2. Mr. STANYARNE WILSON offered the following 
amendment: “ To the Legislative Department three hours ;" which 

was agreed to. 

Mr. LEE moved to strike out Section 2. 

On motion of Mr. TALBERT, the motion was laid on the table. 

The Section was then adopted as amended. 

Section 3 was adopted as reported by the Committee. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 607 


Section 4 was adopted as reported by the Committee. 

Mr. VON KOLNITZ offered the following to be known as Sec¬ 
tion 5 : “That the rule as to reconsideration of matters shall not ap¬ 
ply to the report of this Committee ;” which was agreed to. 

The report of the Committees as amended was adopted. 

GENERAL ORDERS. 

SECOND READINGS. 

No. 48, an ordinance fixing the age of consent (Mr. Gary for Com¬ 
mittee.) 

On motion of Mr. McGOWAN, the amendment proposed by the 
Commitfee to strike out “sixteen” and insert “15” was laid on the 
table. 

Mr. McGOWAN offered the following as a substitute for the ordi¬ 
nance : 

Be it ordained by the people of South Carolina, in Convention assembled, 
That the following shall constitute Section-of Article-of the Consti¬ 

tution of this State: That no unmarried woman shall legally consent to 
sexual intercourse who shall not have attained the age of sixteen years. 

Mr. PRINCE moved to indefinitely postpone the Article. 

The question being put, the Convention refused to indefinitely post¬ 
pone. 

Mr. R. F. SMITH moved to amend by striking out “sixteen” and 
inserting “fourteen” in lieu thereof. 

After debate by Messrs. R. F. Smith, B. R. Tillman, Jervey, Small 
and Doyle, 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows: 

Yeas, 63 ; nays, 40. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Atkinson, Barton, Behre, Bobo, 
Bowen, Bowman, J. S. Brice, T. W. Brice, Burn, Carver, Connor, 
Cunningham, DeHay, Dennis, Douglass, Doyle, Dudley, Estridge, 
Field, Fitch, Gamble, Gary, J. P. Glenn, Gray, Gunter, Hamel, Har¬ 
rison, D. S. Henderson, Henry, Houser, Howell, Hutson, Jervey, T. 
E. Johnson, Ira B. Jones, E. J. Kennedy, J. W. Kennedy, Klugh, 
Lee, McCown, McKagen, McMakin, McWhite, Murray, Nash, Oliver, 
Parler, Patton, Prince, Ragsdale, J. H. Read, R. F. Smith, Stokes, 
Stribling, Sullivan, Taylor, G. D. Tillman, Von Kolnitz, S. E. 
White, Wiggins, and W. B. Wilson.—63. 



608 


JOURNAL OF PROCEEDINGS, 


Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Breazeale, 
Bryan, Buist, Clayton, Cooper, Efird, W. D. Evans, Floyd, Graham, 
Harris, Hay, Hemphill, George Johnstone, Wilie Jones, Keitt, Low- 
man, McCalla, McCaslan, McGowan, McMahan, Meares, J. D. Mont¬ 
gomery, Moore, Otts, Rosborough, Russell, Scarborough, Shuler, 
Sloan, Smalls, Smoak, Talbert, B. R. Tillman, Timmerman, Watson, 
Wharton, Stanyarne Wilson, Winkler, and Woodward.—40. 

Mr. JERYE Y moved to lay the ordinance on the table. 

The question being put, the Convention refused to lay on the table. 

The ordinance as amended was read a second time, adopted and 
ordered engrossed for a third reading to-morrow. 

Mr. RAGSDALE introduced the following ordinance, which was 
read the first time and ordered for consideration to-morrow: 

An Ordinance to Provide That the General Assembly May Enact 
Such Laws as May Be Necessary to Validate and Carry Into 
Effect Subscriptions to the Capital Stock of Certain Railroad 
Companies Heretofore VoteI) by the County of Fairfield and 
to Validate and Authorize the Issue of Bonds in Payment of 
the Same. 

Be it ordained by the people of South Carolina, in convention assembled, 
That nothing contained in the Constitution ordained and established by 
the people of South Carolina, now in convention assembled, shall prohibit 
the General Assembly from hereafter enacting such laws as may be neces¬ 
sary to validate and carry into effect the subscription to the capital stock 
of the Cape Fear and Cincinnati Railroad Company and the subscription to 
the capital stock of the Wadesboro, Winnsboro and Camak Railroad Com¬ 
pany heretofore voted for and authorized by the qualified voters of Fair- 
field County, and to validate and authorize the issue of the bonds of said 
County in payment of the same: Provided, That the said railroad com¬ 
panies shall comply with all the conditions upon which said subscriptions 
and bonds were originally voted : And provided, further, That the qualified 
electors of said County shall reaffirm the grant of authority to issue said 
bonds in payment of said subscriptions to either or both of said railroad 
companies at the next general election for State and County officers. 

, REPORT OF STANDING COMMITTEE. 

Mr. RUSSELL submitted the following report for the Committee on 
Eminent Domain, which was read the first time and ordered for con¬ 
sideration to-morrow: 

REPORT OF THE COMMITTEE ON EMINENT DOMAIN. 

To the Constitutional Convention of the State of South Carolina: 

The Committee on Eminent Domain begs leave to report and recommends 
the adoption of the following document as Article 6 of the Constitution of 
the State of South Carolina: 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 609 


ARTICLE 6. 

Eminent Domain. 

Section 1. The State shall have concurrent jurisdiction on all rivers bor¬ 
dering on this State so far as such rivers shall form a common boundary to 
this and any other State bounded by the same; and they, together with all 
other navigable waters within the limits of the State, shall be common 
highways and forever free, as well to the inhabitants of this State as to the 
citizens of the United States, without any tax or impost therefor, unless 
the same be expressly provided for by the General Assembly. 

Section 2. The title to all lands and other property which have heretofore 
accrued to this State by grant, gift, purchase, forfeiture, escheats or other¬ 
wise, shall vest in the State of South Carolina, the same as though no 
change had taken place. 

Section 3. The people of the State are declared to possess the ultimate 
property in and to all lands within the jurisdiction of the State; and all 
lands the title to which shall fail from defect of liens shall, revert or escheat 
to the people. 

JOHN B. DENT, 

H. H. MURRAY, 

I. R. REED, 

E. J. KENNEDY, 

J. F. ASHE, 

GEO. P. McKAGEN, 

C. H. PEAKE, 

DANIEL J. BRADHAM. 

JOSEPH L. OLIVER, 

F. P. WOODWARD. 


On motion of Mr. EFIRD, at 11:35 P. M., the Convention ad¬ 
journed until 9:30 A. M. to-morrow. 


FIFTY-THIRD DAY. 


Thursday, November 21, 1895. 


The Convention assembled at 9:30 o’clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Bobo, 
39—500 





610 


JOURNAL OF PROCEEDINGS, 


Bowen, Bowman, Bradham, Breazeale, J. S. Brice, T. W. Brice, 
Bryan, Buist, Burn, Cantey, Carver, Clayton, Connor, Cooper, Cun¬ 
ningham, DeHay, Dennis, Dent, Derham, Douglass, Doyle, Dudley, 
Efird, Ellerbe, Estridge, W. D Evans, Field, Fitch, Floyd, Fraser, 
Gage, Gamble, Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, 
Gooding, Graham, Gray, Gunter, Hamel, Harris, Harrison, Hay, 
Haynsworth, Hemphill, D. S. Henderson, Henry, Houser, Howell, 
Hutson, Jervey, T. E. Johnson, George Johnstone, Ira B. Jones, 
Wilie Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, 
Lee, Lowman, Lybrand, McCalla, McCaslan, McCown, McDermotte, 
McGowan, McKagen, McMahan, McMakin, Me White, Mcares, Miller, 
Mitchell, J. D. Montgomery, W. J. Montgomery, Moore, Mower, 
Murray, Nash, Nathans, Nicholson, Oliver, Otts, Parler, Parrott, 
Patterson, Patton, Peake, Prince, Ragsdale, J. H. Read, I. R. Reed, 
Rogers, Rosborough, Rowland, Russell, Scarborough, Shuler, Sin¬ 
gletary, Sligh, Sloan, Smalls, A. J. Smith, R. F. Smith, W. C. 
Smith, Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, Tay¬ 
lor, B. R. Tillman, G. D. Tillman, Timmerman, VonKolnitz, Wat¬ 
ers, Watson, Wells, Wharton, Whipper, A. H. White, S. E. White, 
Wiggins, Stanyarne Wilson, W. B. Wilson, Winkler, and Woodward. 

Present, 150. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 
LEAVES OF ABSENCE. 

Indefinite leave was granted to Mr. Redfearn on account of sick¬ 
ness ; to Mr. Jervey on account of illness in his family ; until Tues¬ 
day to Mr. Estridge ; until Monday to Messrs. Rogers and Mitchell. 

REPORT OF STANDING COMMITTEE. 

Mr. AUSTIN, for the Committee on Counties and County Govern¬ 
ment, submitted the following report, which was read the first time 
and ordered for consideration to-morrow : 

The Committee on County and County Government, to whom was re¬ 
ferred a petition from certain persons of Charleston and Berkeley County 
petitioning for the formation of the new judicial and election County to 
he known as Seabrook County, or any other name that may be selected, 
and also a petition from the said County in opposition to the formation of 
the said Seabrook County, would respectfully report: 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 611 


That they have given the two petitions due and careful consideration, 
and, after hearing argument pro and con from their respective attorneys, 
find much merit and justice in the claim of those praying for the formation 
of the said Seabrook County; and respectfully recommend the passage of 
the following ordinance, that they may get the relief prayed for in their 
petition: 


An Ordinance to Relieve the Contemplated New County of Sea- 
brook from THE Provisions of Section 5, Article on County and 
County Governments. 

Be it ordained by the people of South Carolina, in regular convention as¬ 
sembled, That nothing in Section 5, Article on Counties and County Gov¬ 
ernment, of this Constitution, ordained and established by the people of 
South Carolina, now in regular convention assembled, shall apply to pre¬ 
vent the formation of Seabrook County, or by any other name that it may 
be called, with the following metes and boundaries, to wit: 

Beginning at the mouth of the South Edisto River where it empties into 
the Atlantic Ocean, and following up said river to the Dawho River, and 
thence up this river to its intersection with the North Edisto River to the 
Stono River, and thence up to Rantowle’s Creek to its intersection with the 
Colleton County line; thence along the said line to the eastern bank of the 
Ashley River; thence down said river to the line of Colleton County on said 
bank ; thence in an easterly direction to the nearest point on Goose Creek, 
down said creek to Cooper River, and up said Cooper River to the Capital 
Tea; thence up the eastern branch of said Cooper River or the swamp, or 
head waters of said river, at the corner of St. James’ and St. Stephen’s 
Parishes; thence in an easterly direction to the fork of the Half Way Creek 
road, and the road known as the Thompson Road, near the Picture Branch; 
thence down the Thompson Road to the main run of the Wambaw Swamp; 
thence down said run to Wambaw Creek, along said creek to the Santee 
River, and down said river to the Charleston line on the Fairfield Planta¬ 
tion, and thence down along said Charleston County line to Owendaw 
Creek at a stone marked “ Charleston and Berkeley County line;” thence 
along and skirting the marsh at high-water mark on the main land to the 
confluence of the Wando and Cooper rivers; thence up the Cooper River to 
the line between the parishes of St. James Goose Creek and St. Philip’s; 
thence along said line across the Charleston Neck to the Ashley River; 
thence down the Ashley River to Wappoo Cut; thence along Wappoo Cut 
to said Stono River, down said Stono River to the mouth of said river; 
thence skirting the marsh at high-water mark at Kiawah, Seabrook and 
Edisto Island to the beginning of the mouth of the said Edisto River. 

UNFINISHED BUSINESS. 

Special Order. 

No. 10, report of Committee on Legislative Department. 

Section 29. Mr. SLIGH moved to amend by adding the following to 
the amendment of Mr. Fraser : “ And no waiver, mortgage or other 




612 


JOURNAL OF PROCEEDINGS, 


lien shall be permitted to defeat the exemption in lands after the 
homestead has been claimed.” 

Mr. SLIGH spoke in support of his proposed amendment. 

Debate continued by Mr. Patton. 

The PRESIDENT called Vice President Talbert to the chair. 

Debate continued by Messrs. Ragsdale and Glenn. 

Mr. ST ANY ARNE WILSON moved to reconsider the vote whereby 
one hour was fixed as the time for debate on this Section ; which was 
agreed to. 

Mr. STANYARNE WILSON moved that one hour more be given 
to the discussion of this Section ; which was agreed to. 

Debate continued by Messrs. Gage and Hutson. 

Mr. RAGSDALE moved to indefinitely postpone the amendment. 

Debate continued by Mr. John Gary Evans. 

Mr. ROGERS moved to give Mr. Burn ten minutes time to speak. 

Mr. McOALLA moved to lay that motion on the table. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 61 ; nays, 57. 

Those who voted in the affirmative are : 

Messrs. Alexander, Ashe, Austin, Barry, Barton, Bobo, Bowen, 
Bowman, Bradham, Bryan, Cantey, Carver, Cunningham, DeHay, 
Douglass, Doyle, Dudley, Estridge, Field, Gage, Gamble, J. P. Glenn, 
Gooding, Graham, Harris, Harrison, Hemphill, D. S. Henderson, 
Wm. Henderson, Houser, Jervey, J. W. Kennedy, Lowman, Lybrand, 
McCalla, McKagen, McMakin, Moore, Morrison, Murray, Nash, Na¬ 
thans, Nicholson, Peake, Rosborough, Rowland, Singletary, R. F. 
Smith, W. 0. Smith, Stokes, Stribling, Sullivan, Taylor, B. R. Till¬ 
man, G. D. Tillman, Waters, Wharton, A. H. White, S. E. White, 
Wiggins, and Woodward.—61. 

Those who voted in the negative are : 

Messrs. Anderson, Atkinson, Bates, Breazeale, J. S. Brice, T. W. 
Brice, Buist, Clayton, Cooper, Dennis, Dent, Efird, Fitch, Floyd, 
Fraser, J. L. Glenn, Hamel, Hay, Haynsworth, Henry, Howell, T. E. 
Johnson, Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, Lee, 
McCaslan, McCown, McDermotte, McGowan, McMahan, McWhite, 
Meares, J. D. Montgomery, W. J. Montgomery, Oliver, Otts, Par¬ 
rott, Patterson, Prince, Ragsdale, I. R. Reed, Rogers, Scarborough, 
Shuler, Sligh, Sloan, Smalls, A. J. Smith, Smoak, Stackhouse, Tal¬ 
bert, Timmerman, Wells, Whipper, W. C. Wilson, and Wink¬ 
ler.—57. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 613 


REASONS FOR VOTING. 

In voting no upon the proposition to prevent Mr. Burns, of Darlington, 
from making an argument in favor of preserving to our women and chil¬ 
dren a homestead, I wish to emphasize my abhorrence at the action of the 
•Convention in delegating to three men, called a Steering Committee, the 
running of this Convention. It has destroyed the freedom of speech, is 
tyrannical, and subversive of the rights of the people. 

W. F. CLAYTON. 

On the motion to table the motion to grant Mr. Burns ten minutes to 
speak on the homestead, I vote “aye,” for the reason that Mr. Burns “re¬ 
lieves” the Convention, and for the further reason that in my opinion 
argument on this question is exhausted, and the Convention should come to 
a vote on it. 

J. C. KLUGH. 


Debate continued by Mr. George Johnstone. 

The PRESIDENT resumed the chair. 

Debate continued by Messrs. Bowman, Garris and Howell. 

The question being upon Mr. Ragsdale's motion to indefinitely post¬ 
pone Mr. Sligh's amendment: “ Will the Convention agree thereto ?” 
it was decided in the negative. 

The yeas and nays were requested, and are as follows: 

Yeas, 66; nays, 72. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Ashe, Atkinson, Austin, Barry, 
Barton, Behre, Bowman, J. S. Brice, T. W. Brice, Bryan, Carver, 
Cooper, DeHay, Dennis, Dent, Doyle, Dudley, Efird, Estridge, Fraser, 
Garris, Gilland, J. L. Glenn, Gunter, Hamel, Haynsworth, Hemp¬ 
hill, D. S. Henderson, Wm. Henderson, Howell, Hutson, T. E. John¬ 
son Ira B. Jones, Wilie Jones, E. J. Kennedy, Klugh, Lee, McGowan, 
Meares, Morrison, Mower, Murray, Nathans, Nicholson, Parler, Pat¬ 
ton, Peake, Prince, Ragsdale, J. H. Read, Rogers, Singletary, Sloan, 
R. E. Smith, Stribling, Sullivan, Talbert, Taylor, Timmerman, Wat¬ 
son, A. H. V T hite, S. E. White, Wiggins, and Stanyarue Wilson.—66. 

Those who voted in the negative are : 

Nays_Hon. John Gary Evans, President, and Messrs. Bates, Bobo, 

Bowen, Bradham, Breazeale, Buist, Burn, Cantey, Clayton, Connor, 
Cunningham, Derham, Douglass, Ellerbe, W. D. Evans, Field, Fitch, 
Floyd, Gage, Gamble, Gary, J. P. Glenn, Gooding, Graham, Gray, 
Harris, Harrison, Henry, Houser, Jervey, George Johnstone, Keitt, 
J. W. Kennedy, Lowman, Lybrand, McCalla, McCaslan, McCown, 
McDermotte, McKagen, McMahan, McMakin, Me White, Mitchell, J. 
D. Montgomery, W. J. Montgomery, Moore, Nash, Oliver, Otts, Par- 



614 


JOURNAL OF PROCEEDINGS, 


rott, Patterson, I. R. Reed, Rosborough, Rowland, Russell, Shuler, 
Sligh, Smalls, A. J. Smith, W. 0. Smith, Smoak, Stokes, B. R. Till¬ 
man, G. 1). Tillman, Von Kolnitz, Waters, Wharton, Whipper, W. B. 
AVilson, and Woodward.—72. 


PAIRS. 

Mr. HAY stated that he was paired with Mr. Stackhouse, otherwise 
he wruld vote “aye." 

Mr. WINKLER stated that he was paired with Mr. Scarborough, 
otherwise he would vote “aye." 

The amendment was then agreed to. 

Mr. SLIGH moved to reconsider the vote whereby the Convention 
agreed to this amendment, and to lay that motion on the table ; which 
was agreed to. 

Mr. ROGERS moved to amend as follows : 

Amend Section 29 as follows: 

Insert on line 7 after the word “ dollars ”: “ Provided , That the creditor or 
creditors of the homestead claimant shall have the right, upon executing a 
full release and acquittance of all debts held by him or them against the 
claimant, and paying into Court the sum of fifteen hundred dollars, to be, 
under order of Court, invested in a permanent homestead for the family of 
the claimant, to have all the property of the claimant sold and the proceeds 
distributed pro rata among the creditors without regard to legal priorities.’ 

Mr. SLIGH moved to lay the amendment upon the table ; which 
was agreed to. 

Mr, SLIGH moved to amend as follows : 

Strike out on 4th line all of the words down to the word “ Provided, ” on 
line 7, and insert: “ to the value of $1,000, or so much thereof as the 
property is worth if its value is less than $1,000, with the yearly products 
thereof; and to every head of a family residing in this State, whether 
entitled to a homestead exemption in lands or not, personal property to the 
value of the sum of $500, or so much thereof as the property is worth if its 
value is less than $500.” 

AUhich was agreed to. 

Mr. IRA B. JONES moved to amend by adding after the word 
“homestead," online 15, the words “or personal property exemp¬ 
tion ;" which was agreed to. 

Also, after the word “erection" on line 15 insert the words “or 
making;" which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 615 


Also, between the words “ improvements” and “ thereon,” in line 
15, and insert the words “ or repairs which was agreed to. 

Mr. FITCH moved to amend as follows : 

“ Provided further, That any person not the head of a family shall 
be entitled to a like exemption as provided for the head of a family, in all 
necessary wearing apparel and personal property, not to exceed in value 
the sum of three hundred dollars.” 

After debate by Messrs. Fitch, George Johnstone, W. J. Montgom¬ 
ery and Connor, the question being put, the Convention agreed to 
the amendment. 

Mr. GAGE moved to amend line 2 after the word “attachment,” 
insert the w r ord “levy ;” which was agreed to. 

Mr. SLIGH moved to amend line 19 by inserting after the word 
“homestead” the words “before assignment;” which was agreed to. 

Mr. IRA B. JONES moved to amend as follows, line 19, by striking 
out the words “except it be by deed or mortgage, and only as against 
the mortgage debt,” and inserting the words “ except by deed of con¬ 
veyance, or by mortgage, and only as against the mortgage debt;” 
which was agreed to. 

The Section as amended was adopted. 

Mr. BRYAN moved to recur to Section 9 ; which was agreed to. 

Mr. BRYAN moved to amend as follows : Insert on line 1, after the 
words “ Section 9,” the following : “ The annual session of the General 
Assembly heretofore elected, fixed by the Constitution of 1868 to con¬ 
vene on the fourth Tuesday of November, 1895, is hereby postponed, 
and the same shall be convened and held in the city of Columbia on 
the second Tuesday of January, 1896 ; ” which was agreed to. 

The Section as amended was adopted. 

Mr. SLIG H moved to recur to Section 34 ; which was agreed to. 

Mr. FRASER introduced the following ordinance, which was read 
the first time and referred to the Committee on Judicial Department: 

An Ordinance to Provide for the Transfer of the State Govern¬ 
ment from the Old Constitution to the New Constitution 
Adopted at This Convention. 

Pe it ordained by the people of South Carolina, now in convention as¬ 
sembled : 

1. That the Constitution of South Carolina as it existed on the 10th day 
of September, A. D. 1895, shall continue in force until the Constitution 
adopted at this Convention shall go into effect. 

2. That the Constitution adopted at this Convention, except as herein¬ 
after provided, shall go into effect on Tuesday after the second Monday in 
November, A. D. 1896. 




616 


JOURNAL OF PROCEEDINGS, 


3. That so much of the Constitution adopted at this Convention as pro¬ 
vides for the registration of electors qualified under said Constitution 
and for the enactment by the General Assembly of laws regulating elec¬ 
tions shall go into effect immediately. 

4. That the General Assembly which shall met on the second Tuesday in 
January, A. D. 1896, shall have all the powers heretofore vested in the Gen¬ 
eral Assembly, and shall also enact all such laws as may be proper to pro¬ 
vide for the registration of voters and the conduct and management of all 
elections to be held on Tuesday after the fourth Monday in November, 
1896, and thereafter. 

5. That the General Assembly at its meeting on second Tuesday in Jan¬ 
uary, 1896, shall pass the necessary supply and appropriation Acts to con¬ 
duct the State Government in all departments, to pay the interest on the 
State debt and all other proper claims against the State under existing 
laws, and up to the time when the first General Assembly shall meet elected 
under the new Constitution. 

6. That all officers, Legislative, Executive and Judicial, and all persons 
holding positions of profit or trust by election or appointment under the 
Constitution or laws of this State, shall continue to hold under the same 
enur e and for the same terms for which they were respectively elected or 
appointed, and until their successors are elected or appointed and qualified, 
if such successor shall be provided for by the Constitution or laws of the 
State. 

7. That all the common and Statute laws of this State now in force shall 
continue in force, unless inconsistent with the new Constitution when it 
goes into effect, until repealed by law. 

Mr. GEORGE JOHNSTONE having the floor, addressing the 
Convention upon Section 34, at 2 P. M., the hour of recess having 
arrived, the Convention receded from business until 4 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 4 P. M. 

REPORTS OF STANDING COMMITTEES. 

Mr. MeCOWN, for the Committee on Engrossed Resolutions and 
Ordinances, submitted the following report: 

The Committee to whom the within (No. 48) ordinance relating to the 
age of consent was referred beg leave to report that the same has been 
correctly engrossed and revised. 

R. M. McCOWN, 

For Committee. 

Which was received as information. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 617 


Mr. GILL AND, for Committee on Engrossed Resolutions and 
Ordinances, submitted the following report: 

The Committee to whom the within (No. 58) ordinance defining the pay 
and mileage of the members, officers and employees of the Convention 
was referred, beg leave to report that the same has been correctly engrossed 
and revised. 

THOMAS M. GILLAND, 

For Committee. 


Which was received as information. 

Mr. W. J. MONTGOMERY, for the Committee on Engrossed 
Resolutions, submitted the following report: 

The Committee on Engrossed Resoluions and Ordinances, to whom was 
referred an Article relating to education, beg leave to report that the same 
has been correctly engrossed and revised. 

W. J. MONTGOMERY, 

For Committee. 


Received as information. 

No. 10, report of Committee on Legislative Department. 

Section 34. Mr. GEORGE JOHNSTONE moved to amend as 
follows : On line 2 strike out the words “ one-eighth or more of” and 
insert the word “any.” 

Also, add to the end of the Section the following words: “ Pro¬ 
vided ,, That this Section shall not be construed to class as a negro any 
person who is now classed as a white person, nor shall the descendant 
of any such person be so classed.” 

Mr. G. D. TILLMAN moved to lay both amendments on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 74; nays, 56. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Anderson, 
Ashe, Atkinson, Bowman, Breazeale, T. W. Brice, Bryan, Burn, 
Clayton, Connor, Cooper, Cunningham, DeHay, Dennis, Derham, 
Douglass, Efird, W. D. Evans, Floyd, Gage, Gamble, Garris, Gilland, 
J. L. Glenn, J. P. Glenn, Gooding, Graham, Harris, Harrison, Hay, 
Haynsworth, D. S. Henderson, Howell, Hutson, T. E. Johnson, 
Keitt, E. J. Kennedy, Lowman, McCalla, McCaslan, McCown, Mc- 
Dermotte, McKagen, McMakin, McWhite, Meares, Mitchell, J. D. 
Montgomery, W. J. Montgomery, Morrison, Murray, Nathans, 
Nicholson, Otts, Parrott, Ragsdale, Russell, Shuler, Singletary, Sligh, 




618 


JOURNAL OF PROCEEDINGS, 


Smalls, Stokes, Stribling, Sullivan, Talbert, Taylor, B. R Tillman, 
G D. Tillman, Timmerman, Watson, Whipper, Wiggins, and Wood¬ 
ward.—74. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Alexander, Austin, Barry, Barton, Bates, 
Behre. Bobo, Bowen, Bradham, J. S. Brice, Buist, Cantey, Doyle, 
Dudley, Ellerbe, Estridge, Field, Fitch, Gary, Gunter, Hamel, Wm. 
Henderson, Henry, George Johnstone, Ira B. Jones, Wilie Jones, J. 
W. Kennedy, Klugh, Lee, McGowan, McMahan, Moore, Mower, Nash, 
Oliver, Parler, Patterson, Peake, Prince, Rosborough, Rowland, 
Sloan, A. J. Smith, R. F. Smith, W. C. Smith, Smoak, Stackhouse, 
Yon Kolnitz, Waters, Wells, Wharton, A. H. White, S. E. White, 
Stanyarne Wilson, W. B. Wilson, and Winkler.—56. 

PAIRS. 

Mr. SCARBOROUGH stated that he was paired with Mr. Fraser, 
otherwise he would vote “no.” 

Mr. IRA B. JONES moved to strike out the Section. 

On motion of Mr. McCALLA, the motion to strike out was laid on 
the table. 

Mr. SMALLS moved to amend as follows : 

By adding after the word “void,” in the second line, the words “and any 
white person who lives and cohabits with a negro, mulatto, or person who 
shall have one-eighth or more of negro blood shall be disqualified from 
holding any office of emolument or trust in this State, and the offspring of 
any such living or cohabiting shall bear the name of the father.” 

The question being put: “ Will the Convention agree thereto ?” 
it was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 50 ; nays, 80. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Anderson, Ashe, 
Bates, Breazeale, T. W. Brice, Buist, Burn, Cantey, Clayton, Dudley, 
Fitch, Floyd, Gage, Harris, Harrison, Hay, D. S. Henderson, Henry, 
Houser, Klugh, Lee, McCaslan, McCown, McDermotte, McGowan, 
McKagen, McMahan, J. D. Montgomery, Moore, Nash, Otts, Parler, 
Parrott, Russell, Scarborough, Smalls, A. J. Smith, R. F. Smith, W. 
C. Smith, Smoak, Stackhouse, B. R. Tillman, Watson, Wells, Whar¬ 
ton, Whipper, S. E. White, W. B. Wilson, and Woodward.—50. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 619 


Those who voted in the negative are: 

Nays—Messrs. Alexander, Atkinson, Austin, Barton, Behre, Bobo, 
Bowen, Bowman, Bradham, J. S. Brice, Bryan, Carver, Connor, 
Cooper, Cunningham, DeHay, Dennis, Derham, Douglass, Doyle, 
Efird, Ellerbe, Estridge, W. I). Evans, Field, Fraser, Garris, Gary, 
Gilland, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gunter, Hamel, 
Haynsworth, Wm. Henderson, Howell, Hutson, T. E. Johnson, 
George Johnstone, Ira B. Jones, Wilie Jones, Keitt, E. J. Kennedy, 
J. VV. Kennedy, Lowman, McCalla, McMakin, McWhite, Meares, 
Mitchell, Morrison, Mower, Murray, Nathans, Nicholson, Patterson, 
Patton, Peake, Ragsdale, J. H. Read, Rowland, Shuler, Singletary, 
Sligh, Sloan, Stokes, Stribling, Sullivan, Talbert, Taylor, G. D. 
Tillman, Timmerman, Yon Kolnitz, Waters, A. H. White, Wiggins, 
Stanyarne Wilson, and Winkler.—80. 

The Section was adopted as reported by the Committee. 

Mr. McMAHAN offered the following to be an additional Section 
to the Article : 

It shall be the duty of the General Assembly to enact laws limiting the 
number of acres of land which any foreign citizen or any corporation 
composed of foreign citizens may own within this State. 

Mr. McMAHAN spoke in support of his proposed Section. 

Debate continued by Messrs. Stokes, Talbert, Morrison, Patterson, 
Bryan, D. S. Henderson, Bates and Ragsdale. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

Yeas, 76 ; nays, 60. 

Those who voted in the affirmative are : 

The yeas and nays were requested, and are as follows : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Austin, Barton, Behre, Bowen, Bowman, Bradham, Breazeale, 
Bryan, Buist, Burn, Cantey, Carver, Connor, Cooper, Cunningham, 
Derham, Doyle, Efird, Ellerbe, W. D. Evans, Floyd, Garris, Gary, 
J. P. Glenn, Graham, Gray, Harris, Harrison, Hay, Hemphill, 
Henry, Houser, Howell, T. E. Johnson, George Johnstone, Keitt, 
Klugh, Lowman, McCalla, McCown, McDermotte, McKagen, Mc¬ 
Mahan, Otts, Parler, Parrott, Patterson, Rosborough, Rowland, Rus¬ 
sell, Scarborough, Shuler, Singletary, Sligh, A. J. Smith, R. F. 
Smith, W. C. Smith, Smoak, Stackhouse, Stokes, Stribling, Talbert, 
Taylor, B. R. Tillman, Timmerman, Waters, Stanyarne Wilson, W. 
B. Wilson, Winkler, and Woodward. —73. 



620 


JOURNAL OF PROCEEDINGS, 


Those who voted in the negative are : 

Nays—Messrs. Anderson, Atkinson, Bates, Bobo, T. W. Brice, 
Clayton, DeHay, Dennis, Douglass, Dudley, Estridge, Field, Fraser, 
Gage, Gamble, Gilland, J. L. Glenn, Gooding, Gunter, Hamel, 
Haynsworth, D. S. Henderson, Wm. Henderson, Hutson, Ira B. 
Jones, Wilie Jones, E. J. Kennedy, J. W. Kennedy, Lee, McCaslan, 
McGowan, McMakin, Me White, Meares, Mitchell, J. D. Montgomery, 
W. J. Montgomery, Moore, Morrison, Mower, Murray, Nash, Nathans, 
Nicholson, Patton, Peake, Prince, Ragsdale, J. H. Read, Sloan, 
Smalls, Sullivan, G. D. Tillman, Watson, Wells, Wharton, Whipper, 
A. H. White, S. E. White, and Wiggins.—60. 

Mr. McMAHAN moved to reconsider the vote whereby the proposed 
Section was agreed to and to lay that motion on the table; which was 
agreed to. 

Mr. DOYLE moved the following to be known as 

Section —. The total official cost and expenses of administering, parti¬ 
tioning, division or settlement of estates, or of foreclosing mortgages, shall 
never exceed ten per centum of the total value of estates or land to be ad¬ 
ministered, partitioned, divided or settled, or of the property covered by 
the mortgage, except where said total value is one hundred dollars or less, 
when said cost and expenses may be twenty per centum of said total value 
if the said twenty per centum does not produce over ten dollars: Provided , 
That this prohibition shall not operate to defeat contracts or agreements 
for a greater amount made by the parties interested therein who are sui 
juris. 

After debate by Messrs. Doyle, Buist, Talbert, Wharton, Howell, 
Sligh, Bowman and Lee, 

Mr. PATTERSON moved that the time for taking the vote be ex¬ 
tended three minutes. 

Mr. McCALLA moved to lay the motion on the table. 

The question being put: “ Will the Convention agree thereto?” it 

was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 78 ; nays, 53. 

Those who voted in the affirmative are : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ashe, 
Atkinson, Austin, Barry, Barton, Bobo, Bowen, Bowman, Bradham, 
T. W. Brice, Buist, Cantey, Carver, Connor, Cunningham, DeHay, 
Dennis, Douglass, Dudley, W. D. Evans, Field, Gage, Gamble, Gar¬ 
ris, Gary, Gilland, J. P. Glenn, Gooding, Graham, Gunter, Harris, 
Harrison, Haynsworth, D. S. Henderson, Wm. Henderson, Henry, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 621 


Houser, T. E. Johnson, Keitt, J. W. Kennedy, Lowman, McCalla, 
McCaslan, McDermotte, McKagen, McMakin, Me White, Moore, Mor¬ 
rison, Nathans, Nicholson, Otts, Parler, Peake, Rosborough, Single¬ 
tary, Sligh, A. J. Smith, W. C. Smith, Stackhouse, Stokes, Stribling, 
Talbert, Taylor, B. R. Tillman, G. D. Tillman, Waters, Watson, 
Wharton, Whipper, A. H. White, S. E. White, Wiggins, Stanyarne 
Wilson, W. B. Wilson, and Woodward.—78. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Bates, Behre, Breazeale, J. S. Brice, 
Bryan, Burn, Clayton, Cooper, Derham, Doyle, Efird, Ellerbe, Est- 
ridge, Fitch, Floyd, Fraser, J. L. Glenn, Gray, Hamel, Hay, Hemp¬ 
hill, Howell, Hutson, Ira B. Jones, Wilie Jones, Klugh, Lee, MeCown, 
McGowan, McMahan, Meares, Mitchell, J. D. Montgomery, W. J. 
Montgomery, Mower, Murray, Nash, Parrott, Patterson, Patton, 
Prince, Ragsdale, Scarborough, Shuler, Sloan, Smalls, Smoak, Sulli¬ 
van, Timmerman, Von Kolnitz, Wells, and Winkler.—53. 

The proposed Section of Mr. Doyle was adopted. 

The Article as amended was read the second time, adopted and 
ordered engrossed to a third reading to-morrow. 

GENERAL ORDERS. 

Mr. RAGSDALE moved to take up 

No. 62, an ordinance to provide that the General Assembly may 
enact such laws as may be necessary to validate and carry into effect 
subscriptions to the capital stock of certain railroad companies here¬ 
tofore voted by the County of Fairfield, and to validate and authorize 
the issue of bonds in payment of the same. 

Mr, McGOWAN moved to amend by adding the following: 

Section 2. The several townships through which the line of the Carolina, 
Cumberland Gap and Chicago Railroad Company is now located in this 
State may subscribe to the capital stock of said company by the issue of 
bonds or by taxation upon such conditions and restrictions as are now or 
may be prescribed by law, said subscriptions to be made only with the con¬ 
sent of a majority of the qualified electors of said townships voting in elec¬ 
tions to be held therein for that purpose. The General Assembly shall 
provide for holding such elections. 

Mr. BOWEN moved to lay the amendment on the table; which 
was agreed to. 

The ordinance was read the second time, adopted and ordered 
engrossed to a third reading to-morrow. 

The hour for adjournment, 4 P. M., having arrived, the Convention 
receded from business until 7:30 P. M. this day. 



622 


JOURNAL OF PROCEEDINGS, 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

SPECIAL ORDER. 

No. 12, Article 9 of the Constitution as proposed by the Commit¬ 
tee on Finance and Taxation (Mr. W. D. Evans for Committee). 

Mr.’ YON KOLNITZ moved to reconsider the vote whereby the 
Convention adopted the report of the Steering Committee so far as it 
relates to the report of the Committee on Judicial Department and 
the Committee on Finance and Taxation. 

After debate by Messrs. Yon Kolnitz and Stanyarne Wilson, 

Mr. McCALLA moved to lay the motion on the table; which was 
agreed to. 

Section 1 was adopted as reported by the Committee. 

Sections 2 and 8, on motion of Mr. W. D. EYANS, were stricken 
out, as the subject matter was covered by the report of the Committee 
on Education. 

Section 17 was adopted as reported by the Committee. 

Mr. McGOWAN moved to reconsider the vote whereby Section 7 
was adopted ; which was agreed to. 

Section 7. Mr. McGOWAN moved to amend as follows : “Add to 
the end of the Section : Provided, That the General Assembly may 
authorize any County or township to subscribe to the capital stock of 
any railroad to be constructed through such County or township, and 
to levy tax or issue bonds for the payment of such subscriptions.” 

After debate by Messrs. McGowan, Field, W. J. Montgomery, B. 
R. Tillman, Ira B. Jones and Woodward, 

Mr. McGOWAN moved to amend his amendment as follows: 
“ Provided, further, That a majority of the freeholders in such Coun¬ 
ties or townships vote for such tax or bonds at an election held for 
that purpose. 

After debate by Messrs. McGowan, Lowman and W. D. Evans, 

On motion of Mr. W. D. EYANS, the amendment was laid on the 
table. 

Section 3 was adopted as reported by the Committee. 

The Article having been read the second time was adopted and 
ordered engrossed for a third reading to-morrow. 

Mr. W. D. EYANS asked leave to recur to the morning hour; 
which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 623 


Mr. W. D. EVANS introduced the following ordinance, which was 
read the first time and ordered for consideration to-morrow : 

An Ordinance to Provide for the Payment of the Per Diem and 
Mileage of the Delegates, Officers and Employees of the 
Convention and Other Necessary Expenses, and to Require 
the General Assembly to Make Additional Appropriations to 
Pay the Same. 

We, the people of South Carolina, by our delegates in convention as¬ 
sembled, do ordain: 

Section 1. That the amount of sixty thousand dollars, if so much may be 
necessary, be, and is hereby, appropriated to pay the per diem and mileage 
of the delegates, officers and employees of the Convention and other neces¬ 
sary expenses. 

Section 2. That the State Treasurer be, and he is hereby, authorized to 
borrow from the banks designated as State depositories an amount of 
money sufficient to pay the balance due of said appropriation after the ex¬ 
haustion of the thirty thousand dollars appropriated by the General As¬ 
sembly for this purpose, and to pay the warrants issued by the Secretary of 
this Convention and countersigned by the President for the per diem and 
mileage of delegates, officers and employees and other necessary expenses, 
and to hold them as his vouchers. 

Section 3. That the General Assembly is hereby required and directed at 
its next session to make an appropriation sufficient to pay the amount of 
money the State Treasurer is herein authorized to borrow for the payment 
of the balance of the per diem and mileage of the delegates, officers and 
employees of the Convention and other necessary expenses after the ex¬ 
haustion of the thirty thousand dollars already appropriated by the Gen¬ 
eral Assembly. 

Also, the following ordinance, which was read the first time and 
ordered for consideration to-morrow : 

An Ordinance to Provide for the Payment of Interest on the Pub¬ 
lic Debt of the State of South Carolina to Become Due on the 
First Day of January, A. D. 1896, and to Require the General 
Assembly to Make Appropriations for This Purpose. 

We, the people of South Carolina, by our delegates in convention assem¬ 
bled, do ordain: 

Section 1. That the State Treasurer be, and he is hereby, authorized to 
make arrangements with the banks designated as State depositories for 
the payment of the semi-annual interest due on the public debt of the State 
on the first day of January, A. D. 1896, and to hypothecate the interest 
coupons, to be held until an appropriation is made by the General Assembly 
for the payment of the said interest. 

Section 2. That the General Assembly at its next session is hereby 
required and directed to make an appropriation for the payment of the 
said interest, and, when so made, the interest coupons hypothecated with 




624 


JOURNAL OF PROCEEDINGS, 


the bank or banks shall be surrendered to the State Treasurer for cancel¬ 
lation. 

SPECIAL ORDER. 

Calendar No. 42, report of Committee on Judicial Department. 

Mr. VON KOLNITZ, at the request of Mr. Jervey, submitted the 
following substitute for the report of the Committee, which was 
ordered printed in the Journal to-morrow : 

ARTICLE 4. 

Judicial Department. 

Section 1. The judicial power of this State shall be vested in a Supreme 
Court, in two Circuit Courts, to wit: A Court of Common Pleas having 
civil jurisdiction, and a Court of General Sessions, having criminal juris¬ 
diction only. The General Assembly may also establish County Courts, 
municipal and such other Courts inferior to Circuit Courts as may be 
deemed necessary. 

Section 2. There shall be one Chief Justice, three Judges at Large, and as 
many Circuit Judges as there may be Circuits within the State, who shall 
hold their offices for the term of eight years and shall continue in office 
until their successors are elected and qualified. 

Section 3. The Chief Justice and Judges at Large shall be elected by the 
General Assembly by a viva voce vote from the State at large, and the Cir¬ 
cuit Judges shall be elected by the General Assembly from the electors of 
the Circuit from which he is elected. No person shall be elected to the 
office of Judge who has not been admitted to the practice of law in this 
State. 

Section 4. The Supreme Court shall consist of the Chief Justice and three 
other Judges; and in the event the Chief Justice or one or more of the 
Judges then constituting the Supreme Court shall be disqualified, the Gov¬ 
ernor shall call in some person learned in the law to supply his place. 

Section 5. The Supreme Court shall hold three terms in each year, at such 
times and places as may be prescribed by the General Assembly. 

Section 6. The Chief Justice shall prescribe an order of rotation of ser¬ 
vices of the Judges at Large and Circuit Judges whereby three of them 
will be in each term sitting on the Supreme Court and the others on Cir¬ 
cuit, and so that at each term one Judge will leave the Supreme Court and 
go on Circuit, and one, in rotation, will go from Circuit on the Supreme 
Bench. 

Section 7. The Supreme Court shall have power to issue writs or orders 
of injunction, mandamus, quo warranto, prohibition, certiorari, habeas 
corpus and other original remedial writs; and said Court shall have appel¬ 
late jurisdiction only in cases of Chancery, and shall constitute a Court for 
the correction of errors of law under such regulations as the General 
Assembly may by law prescribe. 

Section 8. There shall be appointed by the Chief Justice a Reporter and a 
Clerk of said Court, who shall hold their offices for four years, and whose 
duties and compensation shall be prescribed by law. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 025 


Section 9. When a judgment or decree is reversed or affirmed by the 
Supreme Court, every point made and distinctly stated in the cause and 
fairly arising upon the record of the case shall he considered and decided, 
and the reasons thereof shall he concisely and briefly stated in writing and 
preserved with the records of the case. 

Section 10. The Chief Justice, the Judges at Large and the Circuit 
Judges shall each receive compensation for their services, to he fixed hy 
law, which shall not be increased or diminished during their continuance 
in office. They shall not he allowed any fees or perquisites of office, nor 
shall they hold any other office of trust or profit under this State, the 
United States, or any other power. 

Section 11. No person shall he eligible to the office of Chief Justice, 
Judge at Large or Circuit Judge who is not at the time of his election a 
citizen of the United States and of this State, and has not attained the age 
of thirty years and been a resident of this State for five years next preced¬ 
ing his election. 

Section 12. All vacancies in the Judicial Department shall he filled hy 
elections as herein prescribed: Provided, That if the unexpired term does 
not exceed one year such vacancy may he filled by Executive appointment. 
All Judges, hy virtue of their office, shall he conservators of the peace 
throughout the State. 

Section 13. In all cases decided by the Supreme Court the concurrence of 
three members of the Court shall he necessary for a decision; hut when¬ 
ever, upon the hearing of any cause or question before the Supreme Court, it 
shall appear to the Court, or any two members thereof, that there is a question 
of constitutional law, or of conflict between the Constitution and laws of 
this State and of the United States, or between the duties and obligations 
of her citizens under the same, or in case the Court shall be equally divided 
on any question, it shall be the duty of the Chief Justice, or in his absence 
of the presiding Judge, to call to the assistance of the Supreme Court all the 
Judges at Large and Circuit, the decision of which Court, or a majority of 
the Judges sitting in the same, shall be final and conclusive ; and the Chief 
Justice, or in his absence the presiding Judge, shall likewise, at the wish of 
any two of the Judges of the Supreme Court, call to the assistance of the 
Supreme Court said Judges for the determination of any other cause or 
question to be submitted to them, and the decision of said Court, or a ma¬ 
jority of the Justices and Judges sitting in the same, shall be final and con¬ 
clusive; and in such cases the Chief Justice, or in his absence the presiding 
Associate Justice, shall preside. 

Section 14. The State shall be divided into as many Judicial Circuits as 
the General Assembly may prescribe, and for each Circuit a Judge shall be 
elected by joint viva voce of the General Assembly, who shall hold his office 
for a term of eight years; and at the time of his election lie shall be an 
(‘lector of a County of, and during his continuance in office lie shall reside 
in, the Circuit of which lie is Judge. The present Judges of the Circuit 
Courts shall continue in office until the expiration of the terms for which 
they were elected. 

Section 15. Judges at Large and the Circuit Judges shall interchange Cir¬ 
cuits, and the General Assembly shall provide therefor. 

40—500 




626 


JOURNAL OF PROCEEDINGS, 


Section 16. The Courts of Common Pleas shall have original jurisdiction, 
subject to appeal to the Supreme Court, to issue writs or orders of injunc¬ 
tion, mandamus, prohibition, certiorari, quo warranto, habeas corpus, and 
such other writs as may be necessary to carry their powers into full effect. 
They shall have jurisdiction in all civil cases. They shall have appellate 
jurisdiction in all cases within the jurisdiction of inferior Courts. 

Section 17. The Court of Common Pleas shall sit in each County in this 
State at least twice in every year, at such stated times and places as may 
be appointed by law. 

Section 18. It shall be the duty of the Chief Justices and the Judges at 
Large and Circuit to file their decisions within sixty days from the last day 
of the Court at which the causes were heard. 

Section 19. The Court of General Sessions shall have jurisdiction in all 
criminal cases. It shall have appellate jurisdiction in all criminal cases 
within the jurisdiction of inferior Courts inferior to it. It shall sit in each 
County in the State at least three times in each year, at such stated times 
and places as the General Assembly may direct. 

Section 20. The Court of Probate shall remain as now established in the 
County of Charleston. In all other Counties of the State the jurisdiction 
in all matters testamentary and of administration, in business appertaining 
to minors and the allotment of dower, in cases of idiocy and lunacy, and 
persons non compotes mentis, shall be vested as the General Assembly may 
provide, and until such provision such jurisdiction shall remain in the 
Court of Probate as now established. 

Section 21. A sufficient number of Magistrates shall be appointed and 
commissioned by the Governor, by and with the advice and consent of the 
Senate, for each County, who shall hold their offices for the term of two 
years and until their successors are appointed and qualified. Each Magis¬ 
trate shall have the power, under such regulations as may now or hereafter 
be provided by law, to appoint one or more Constables to execute writs and 
processes issued by him. The present Trial Justices are declared Magis¬ 
trates as herein created, and shall exercise the powers and dates of said 
office of Magistrate until their successors shall be appointed and qualified. 

Section 22. Magistrates shall have jurisdiction in such civil cases as the 
General Assembly may prescribe: Provided, Such jurisdiction shall not 
extend to cases where the value of property in controversy, or the amount 
claimed, exceeds one hundred dollars, or to cases where the title to real 
estate is in question, or to cases in chancery. They shall have jurisdiction 
in such criminal cases as the General Assembly may prescribe : Provided, 
Sueh jurisdiction shall not extend to cases where the punishment exceeds a 
fine of one hundred dollars or imprisonment for thirty days. In criminal 
matters beyond their jurisdiction to try, they may sit as examining Courts, 
and commit, discharge or recognize (except in capital cases) persons charged 
with such offenses, subject to such regulations as the General Assembly 
may provide. They shall also have the power to bind over to keep the 
peace and for good behavior for a term not to exceed twelve months. 

Section 23. All persons charged with an offense shall have the right to 
demand and obtain a trial by jury, except in cases of summary jurisdiction 
in Municipal Courts, to be provided for by the General Assembly. The 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 627 


jury in cases civil or criminal, in all Courts inferior to Circuit Courts, shall 
consist of six. 

Section 24. Every civil action cognizable by Magistrates shall be brought 
before some Magistrate in the County where the defendant resides, and 
every criminal action in the County where the offense was committed. In 
all cases tried by them the right of appeal shall be secured under such rules 
and regulations as may be provided by law. 

Section 25. All officers other than those named in Section 0 provided for 
in this Article shall receive for their services such compensation as the 
General Assembly may from time to time direct. 

Section 26. The Chief Justice and the Judges at Large and Circuit Judges 
shall have the same power at Chambers to issue writs of habeas corpus and 
temporary writs or orders of injunction, mandamus, quo warranto, certiorari 
and prohibition as when in open Court. 

Section 27. Judges shall not charge jurors in respect to matters of fact, 
but shall declare the law. 

Section 28. There shall be elected in each County by the electors thereof 
one Clerk of the Court of Common Pleas, who shall hold his office for the 
term of four years, and until his successor shall be elected and qualified. 
He shall, by virtue of his office, be Clerk of all other Courts of record held 
therein; but the General Assembly may provide by law for the election of 
a Clerk, with a like term of office, for each or any other of the Courts of 
record, and may authorize the Judge of the Probate Court to perform the 
duties of Clerk for his Court, under such regulations as the General 
Assembly may direct. Clerks of Courts shall be removable for such cause 
and in such manner as shall be prescribed by law. 

Section 29. There shall be an Attorney General for the State, who shall 
perform such duties as may be prescribed by law. He shall be elected by 
the qualified electors of the State for the term of two years, and shall re¬ 
ceive for his services such compensation as shall be fixed by law. 

Section 80. There shall be one Solicitor for each Circuit, who shall reside 
therein, to be elected by the qualified electors of the Circuit, who shall hold 
his office for the term of four years, and shall receive for his services such 
compensation as shall be fixed by law. In all cases where an attorney for 
the State of any Circuit fails to attend and prosecute according to law, the 
Court shall have power to appoint an attorney pro tempore. In the event 
of the establishment of County Courts, the General Assembly may provide 
for one Solicitor for each County in the place and in stead of the Circuit 
Solicitor, and prescribe his powers, duties and compensation. 

Section 31. The qualified electors of each County shall elect a Sheriff and 
Coroner for the term of four years, and until their successors are elected 
and qualified. They shall reside in their respective Counties during their 
continuance in office, and be disqualified for the office a second time if it 
should appear that they, or either of them, are in default for moneys col¬ 
lected by virtue of their respective offices. 

Section 32. All writs and processes shall run and all prosecutions shall be 
conducted in the name of the State of South Carolina. All writs shall be 
attested by the Clerk of the Court from which they shall be issued, and all 
indictments shall conclude “ against the peace and dignity of the State.” 





628 


JOURNAL OF PROCEEDINGS, 


Section 33. The General Assembly shall provide by law for the speedy 
publication of decisions of the Supreme Court made under this Constitu¬ 
tion. 

Section 34. Circuit Courts and all Courts inferior thereto shall have the 
power, in their discretion, to impose sentence of labor upon highways, 
streets and other public works upon persons by them sentenced to impris¬ 
onment. 

Section 35. All matters, civil and criminal, now pending within the juris¬ 
diction of any of the Courts of this State shall continue therein until dis¬ 
posed of according to law. 

Section 1 was passed for the present. 

Section 2. Mr. RAGSDALE moved to amend as follows : Strike 
out on line 1 the word “ three” and insert the word “ two.” 

Also, strike out on line 2 after the word “Justices ”the word “all” 
and insert the words “ any two.” 

Also, strike out on line 2 the words “ shall be present to constitute 
the Court” and insert the words “shall constitute a quorum.” 

Mr. RAGSDALE spoke in support of his proposed amendments. 

Debate continued by Messrs. George Johnstone, Gage, Haynsworth, 
Hutson, Talbert, Prince, McCaslan, Bowman, McGowan, Stanyarne 
Wilson and B. R. Tillman. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 49 ; nays, 75. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Ashe, Behre, Bobo, T. W. 
Brice, Cooper, Cunningham, DeHay, Dent, Derham, Efird, Ellerbe, 
Gamble, Cary, J. P. Glenn, Gooding, Graham, Harrison, Haynsworth, 
Hemphill, Wm. Henderson, Henry, Houser, J. W. Kennedy, Klugh, 
McCalla, McCown, McDermotte, McMahan, McMakin, McWhite, 
Meares, Morrison, Murray, Nash, Ragsdale, I. R. Reed, Rosborough, 
Shuler, Sligh, Smalls, A. J. Smith, Stokes, Talbert, Taylor, Timmer¬ 
man, Wharton, and A. H. White.—49. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Atkinson, 
Austin, Barry, Barton, Bates, Bowen, Bowman, Breazeale, J. S. Brice, 
Bryan, Buist, Burn, Cantey, Carver, Clayton, Connor, Dennis, 
Douglass, Doyle, Dudley, Estridge, W. D. Evans, Field, Fitch, Floyd, 
Fraser, Gage, J. L. Glenn, Gray, Gunter, Hamel, Harris, D. S. Hen¬ 
derson, Hutsou, T. E. Johnson, George Johnstone, Ira B. Jones, 
Keitt, Lowman, McCaslan, McGowan, McKagen, Mitchell, J. D. 
Montgomery, W. J. Montgomery, Moore, Mower, Nathans, Oliver, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 629 


Otts, Patterson, Patton, Peake, Prince, Rowland, Russell, Singletary, 
Sloan, R. F. Smith, W. C. Smith, Stribling, Sullivan, B. R. Tillman, 
G. D. Tillman, Yon Kolnitz, Waters, Watson, Wells, Whipper, Wig¬ 
gins, Stanyarne Wilson, W. B. Wilson, Winkler, and Woodward.— 75 . 

PAIRS, 

Mr. LEE stated that he was paired with Mr. Stackhouse, otherwise 
he would vote “no.” 

Mr. GARRIS stated that he was paired with Mr. Parler, otherwise 
he would vote “no.” 

Mr. BURN made the following address and asked that it be spread 
upon the Journal, which was agreed to : 

Mr. President and Gentlemen of the Convention : Whatever wrong 
has been done me as an individual or as a representative of the proud and 
noble people of Darlington, and I cannot disguise the fact that a wrong 
has been done, yet I shall not allow my feelings to warp my judgment or 
do anything to obstruct the business or detract from the dignity and honor 
of this Convention. I know the refusal to allow me ten minutes of time 
on the homestead measure was done under a misapprehension of the facts. 
It was in response to my urgent appeal that this Convention enjoyed the 
benefit of the splendid legal argument delivered by His Excellency Gov¬ 
ernor John Gary Evans, which did credit to his head and heart. After 
Governor Evans had had his time extended to any extent he desired, he 
generously shortened his speech so as to give me ten minutes that he would 
otherwise have consumed. I would not then have asked to be allowed to 
speak, but for the fact that gentlemen of this Convention living in various 
parts of this State and some citizens of Columbia had requested and urged 
me to recite as my contribution to the argument for the homes of the peo¬ 
ple that beautiful poem, the most beautiful in the English language, that 
will live as a monument to the patrioism of the Southern soldiers as long 
as the eternal hills of Virginia shall endure. A sentiment, it is true, but 
none the less an argument and a history written in the blood and mur¬ 
mured in the dying agonies of our “unknown and unrecorded dead,” appeal¬ 
ing to us for their wives, their children and their homes : “All quiet along 
the Potomac, they say.” 

HENRY C. BURN. 

Mr. STANYARNE WILSON moved that all proposed amendments 
to report of Judicial Department Committee be printed in the Jour¬ 
nal ; which was agreed to. 

PROPOSED AMENDMENTS TO No. 42, REPORT OF THE 
COMMITTEE ON JUDICIAL DEPARTMENT. 

By Mr. D. S. HENDERSON— 

Amend Section 22 by adding the following after the words “by jury” on 
line 2: “In the Courts of General Sessions there shall be a grand jury and 






630 


JOURNAL OP PROCEEDINGS, 


such petit or trial juries as the General Assembly shall direct. The grand 
jury shall consist of eighteen members, twelve of whom must agree on a 
matter before it can be submitted to the Court. Each petit or trial jury in 
the General Sessions shall consist of twelve men, all of whom must agree 
to a verdict or it shall not be binding. 

“ In the Courts of Common Pleas the juries shall each consist of twelve 
men, and a verdict shall be good if agreed to by nine members thereof. 

“ The term of the grand juries shall be for one year, and the General 
Assembly shall provide that at least one-third of the members of the out¬ 
going grand jury shall be members of the incoming grand jury. 

“Each juror must be a voter qualified under the provisions of this Con¬ 
stitution, between the ages of 21 and 65 years, and men of good moral 
character.” 

By Mr. PATTON— 

Provided , That in cases wherein by the provisions of Section 12 of this 
Article the decision of a bench of all the Judges is necessary, the require¬ 
ments of this Section may be waived by the Court. 

By Mr. D. S. HENDERSON— 

Amend Section 10, line 3, by inserting between “years” and “and” the 
following: “ has not been a licensed attorney at law for at least five years.” 

By Mr. D. S. HENDERSON— 

Strike out all of Section 12, down to and including “ question,” on line 7, 
and insert the following: “In all cases decided by the Supreme Court, if the 
four Judges divide in opinion, then the judgment below shall be affirmed; 
but whenever, upon the hearing of any cause or question before the 
Supreme Court, it shall appear to the Justices of the same that there is a 
question of constitutional law, or of conflict between the Constitution and 
laws of this State and of the United States.” 

By Mr. BATES— 

Amend Section 12 by striking out all after “question” on the 7th line 
down to and including the word “ conclusion” on the 11th line and insert 
in lieu thereof the words “the decision of the Circuit Judge who heard the 
case shall stand.” 

By Mr. RAGSDALE— 

Strike out on lines 3 and 4 of Section 2 the words “by a joint viva voce 
vote of the General Assembly for the term of eight years” and insert in 
lieu thereof the words “by the qualified electors of the State for the term 
of six years.” 

By Mr. McGOWAN— 

Section 2, line 2, strike out the following : “all of whom shall be pres¬ 
ent to constitute the Court” and insert in lieu thereof the following, viz.: 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 631 


“any three of whom shall constitute a quorum for the transaction of busi¬ 
ness, but the concurrence of three of the Justices shall still be necessary 
for a decision. The Chief Justice shall preside, and in his absence the 
senior Associate Justice.” 

By Mr. LEE— 

Amend Section 12 by striking out all thereof after the word “ decision,” 
on line 2, and inserting in lieu thereof the following: “ but whenever the 
said Court is equally divided upon any question, the judgment or order 
appealed from shall stand affirmed: Provided, however, That the same 
shall not be binding authority upon any of the Courts of the State, except 
in the particular case thus determined.” 

By Mr. McGOWAN— 

The following is a substitute for Section 17: “It shall be the duty of the 
Justices of the Supreme Court to file their decisions within sixty days from 
the last day of the Court at which the cases were heard; and the duty of 
the Judges of the Circuit Courts to file their decisions within sixty days 
from the rising of the last Court of the Circuit then being held.” 

By Mr. McGOWAN— 

Amend Section 10, line 4, by inserting after the word “State” the follow¬ 
ing, viz.: “and practicing attorney at law.” 

By Mr. McGOWAN— 

Amend Section 6 by adding thereto the following, viz.: “The General 
Assembly shall provide by law for the temporary appointment of men 
learned in the law to hold either special or regular terms of the Circuit 
Courts whenever there may be necessity for such appointment.” 

By Mr. McGOWAN— 

Amend Section 4, line 4, by inserting after the word “ chancery” the fol¬ 
lowing, viz.: “And in such appeals they shall review the findings of fact 
as well as the law.” *" 

Mr. MEARES presented the following and requested that it be 
published in the Journal, which was agreed to : 

We, the members of the Constitutional Convention, desire to spread 
upon the Journal our solemn protest against the action taken by this body 
to suppress the freedom of debate and the expression of individual 
opinions, w T hich are inviolable rights in themselves and essential to the 
proper making of the organic law to govern a free people. 

The creation of a steering Committee, with the result of preventing due 
deliberation, and which has made it impossible for a considerable number 
of members to enter into the discussion of any measure, we declare to be 
novel in bodiesL of this character, inconsistent with its purposes, and an 
usurpation of the rights of the people as herein represented by their dele- 



JOURNAL OF PROCEEDINGS, 


gates. We protest against limitation of discussion and suppression of 
freedom of speech, and consider that the rights of the people have been vio¬ 
lated and their interest impaired thereby, and feeling our individual respon¬ 
sibility to our constituency avail ourselves of the last opportunity to pro¬ 
test against the suppression of our representative rights; and feeling 
that we must spare ourselves the mortification and humility of begging 
either the “ Steering Committee” or the Convention since it has denied the 
Hon. H. C. Burns the right to be heard. We further say we attach no 
blame or odium to the said “Steering Committee,” and would as willingly 
trust, rely or confide in them as in any three members that could be 
appointed from this body: 

R. M. McCOWN, R. A. MEARES, 


W. M. FITCH, 

J. W. FLOYD, 

C. L. WINKLER, 

R. R. STACKHOUSE, 
W. C. McGOWAN, 

R. L. HENRY, 

M. P. HOWELL, 

M. R. COOPER, 

J. L. SHULER, 

J. W. GRAY, 

G. W. RAGSDALE, 

J. D. MONTGOMERY, 
W. J. WHIPPER, 


R. D. LEE, 

J. T. HAY, 

JAS. H. SCARBOROUGH, 

A. K. SMOKE, 

GEO. F. YON KOLNITZ, Jr., 
H. H. MURRAY, 

D. H. BEHRE, 

W. F. CLAYTON, 

A. H. DeHAY, 

J. M. SULLIVAN, 

J. N. PARROTT, 

ALEX. J. SMITH, 

ROBERT SMALLS. 


Mr. COOPER introduced the following ordinance, which was read 
the first time and referred to the Committee on Finance and Taxa¬ 
tion : 


An Ordinance to Extend the Time for the Payment of State and 

County Taxes for the Fiscal Year Commencing November 1 , 1892, 

in Beaufort County and Part of Colleton County. 

Be it ordained and resolved by the people of the State of South Carolina, 
now met in convention, and by the authority of the same: 

That the time for the collection and payment of State and County taxes 
for the fiscal year commencing November 1st, 1892, in Beaufort County 
and so much of the County of Colleton as lies south of the Charleston and 
Savannah Railroad be, and the same is hereby, extended from the time ap¬ 
pointed by the Act of the General Assembly approved December 24, 1894, 
until the Legislature which convenes in January, 1896, shall meet and make 
provision for the time of the collection and payment of the same. 

LEAVE OF ABSENCE 

Was granted to Mr. Scarborough until Tuesday next on account of 
important business. 

On motion of Mr. STANYARNE WILSON, at 10.50 P. M., the 
Convention adjourned until 9.30 A. M. to-morrow. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 633 


FIFTY-FOURTH DAY. 


Friday, November 22, 1895. 


The Convention assembled at 9:30 o’clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Barton, Bates, Behre, Bobo, 
Bowen, Bowman, Bradham, Breazeale, J. S. Brice, T. W: Brice, 
Bryan, Buist, Burn, Cantey, Carver, Clayton, Connor, Cooper, Cun¬ 
ningham, DeHay, Dennis, Dent, Derham, Douglass, Doyle, Dudley, 
Efird, Ellerbe, W. D. Evans, Field, Fitch, Floyd, Fraser, Gage, 
Gamble, Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Wm. Henderson, Henry, Houser, Howell, 
Hutson, T. E. Johnson, George Johnstone, Ira B. Jones, Wilie Jones, 
Keitt, E. J. Kennedy, J. W. Kenned}^, Klugh, Lee, Lowman, 
Lybrand, McCalla, McCaslan, McCown, McDermotte, McGowan, 
McKagen, McMahan, McMakin, McWhite, Matthews, Meares, Miller, 
Mitchell, J. D. Montgomery, W. J. Montgomery, Moore, Morrison, 
Mower, Murray, Nash, Nathans, Nicholson, Oliver, Otts, Parler, 
Parrott, Patterson, Patton, Peake, Perritte, Prince, Ragsdale, J. H. 
Read, I. R. Reed, Rosborough, Rowland, Russell, Shuler, Singletary, 
Sligh, Sloan, Smalls, A. J. Smith, R. F. Smith, W. C. Smith, 
Smoak, Stackhouse, Stokes, Stribling, Sullivan, Talbert, Taylor, B. 
R. Tillman, G. D. Tillman, Timmerrhan, Yon Kolnitz, Waters, 
Watson, Wells, Wharton, Whipper, A. H. White, S. E. White, Wig¬ 
gins, Stanyarne Wilson, W. B. Wilson, Winkler, and Wood¬ 
ward. 

Present, 142. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVE OF ABSENCE 

Was granted until Monday to Messrs. A. H. White, J. W. Ken¬ 
nedy, Houser, Bradham, Sligh, Bates, Timmerman and T. W. Brice. 







634 


JOURNAL OF PROCEEDINGS, 


REPORT OF STANDING COMMITTEE. 

Mr. W. J. MONTGOMERY, for the Committee on Engrossed 
Resolutions and Ordinances, submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred No. 62, “An ordinance relating to the validation of subscriptions 
to the capital stock of the Cape Fear and Cincinnati Railroad Company 
and the Wadesboro, Winnsboro and Camak Railroad Company,” beg leave 
to report that the same has been correctly engrossed and revised. 

Which was received as information. 

Mr. W. D. EVANS, for Committee on Finance and Taxation, sub¬ 
mitted the following unfavorable report, which was considered im¬ 
mediately, adopted and the ordinance rejected : 

The Committee on Finance and Taxation beg leave to report that they 
have carefully considered an ordinance to extend the time for the payment 
of State and County taxes for the fiscal year commencing 1st November, 
1892, in Beaufort County and part of Colleton County, and recommend that 
the ordinance be not passed, for the reason that the Governor and Comp¬ 
troller General have the power to grant the extension asked for. 

Respectfully submitted, 

W. D. EVANS, 

Chairman Committee on Finance and Taxation. 

Mr. HEMPHILL presented the following account of Charles A. 
Calvo, Jr., for printing, which was read the first time and referred to 
the Committee on Contingent Accounts and Expenses : 

Columbia, S. C., November 22, 1895. 

The State of South Carolina, 

„ To Charles A. Calvo, Jr., Dr. 

1895. 

Nov. 22. To ptg 200 copies Convention Journal, Nov. 14 to 
21st inclusive— 

64f L. P. pp. @ $1.07.$69 28 

211 Brev. pp.=30 L. P. 32 10—$103 38 

To ptg 200 Convention Calendars, 

Nov. 14 to 21 inclusive— 

28 L. P. pp. @ $1.07. 29 96 

To ptg 200 copies Bill matter, 22 pp. @ $1.87. 41 14 

To ptg and bind. Receipt Book for Clerk_ 2 50 

To ptg 500 copies Permanent Journal— 

52& L. P. pp. @ $1.00.$52 50 

14f Brev. pp.=21 L. P. pp. @ $1.00_ 21 00— 73 50 

-$248 48 








SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 635 


Personally appears Charles A. Calvo, Jr., who, being duly sworn, says 
that the above account is just and true, and that no part thereof has been 
paid by discount or otherwise. CHARLES A. CALVO, Jr. 

Sworn to before me November 22, 1895. 

G. M. WALKER, [L. S.] 

Notary Public,'S. C. 

UNFINISHED BUSINESS. 

No. 42, report of Committee on Judicial Department. 

Section 2. Mr. McCOWAN offered his amendment printed in the 
Journal of yesterday, page 22. 

Mr. McCOWAN spoke in support of his amendment. 

Debate continued by Mr. Stanyarne Wilson. 

The question being put, the Convention agreed to the proposed 
amendment. 

Mr. RAGSDALE moved to amend as follows. (Printed in the 
Journal of yesterday, page 22). 

Mr. RAGSDALE amended his proposed amendment by striking out 
the word “six” on the last line and inserting the word “eight. ” 

Mr. RAGSDALE spoke in support of his amendment. 

Debate continued by Messrs. G. D. Tillman, B. R. Tillman, W. D. 
Evans, Parrott, Talbert, D. S. Henderson, Gage, Timmerman, W. 
C. Smith, Burn, Efird, Patton, and George Johnstone. 

The question being upon the adoption of Mr. Ragsdale's amend¬ 
ment: “ Will the Convention agree thereto?” it was decided in the 
negative. 

The yeas and nays were requested, and are as follows: 

Yeas, 66 ; nays, 69. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Austin, Barry, Barton, Bowman, Breazeale, T. W. 
Brice, Buist, Burn, Carver, Connor, Cooper, Cunningham, DeHay, 
Dennis, Dent, Floyd, Gage, Gamble, Garris, J. P. Glenn, Gooding, 
Graham, Gray, Hamel, Harris, Harrison, Hay, William Henderson, 
Henry, Houser, Ira B. Jones, Keitt, Low man, McCown, McMakin, 
McWhite, Meares, Miller, Morrison, Murray, Nash, Otts, Parrott, 
Ragsdale, I. R. Reed, Rosborough, Rowland, Russell, Singletary, 
Smalls, A. J. Smith, W. C. Smith, Stokes, Sullivan, Talbert, Taylor, 
B. R. Tillman, Waters, Watson, Wharton, Whipper, and Wood¬ 
ward.—66. 

Those who voted in the negative are : 

Nays—Messrs. Atkinson, Barker, Bates, Behre, Bobo, Bowen, 
Bradham, J. S. Brice, Bryan, Cantey, Clayton, Douglass, Doyle, 





636 


JOURNAL OF PROCEEDINGS, 


Dudley, Efird, Ellerbe, W. D. Evans, Field, Fitch, Fraser, Gary, 
Gilland, J. L. Glenn, Gunter, ILaynsworth, D. S. Henderson, Howell, 
T. E. Johnson, George Johnstone, Wilie Jones, E. J. Kennedy, J. W. 
Kennedy, Klugh, Lee, Lybrand, McOalla, McGowan, McKagen, 
McMahan, Mitchell, J. D. Montgomery, W. J. Montgomery, Moore, 
Mower, Nathans, Nicholson, Oliver, Parler, Patterson, Patton, Peake, 
Prince, J. H. Read, Shuler, Sloan, R. F. Smith, Smoak, Stackhouse, 
Stribling, G. D. Tillman, Timmerman, Von Kolnitz, Wells, A. H. 
White, S. E. White, Wiggins, Stanyarne Wilson, W. B. Wilson, and 
Winkler.—69. 

PAIRS. 

Mr. McDERMOTTE stated that he was paired with Mr. Hemp¬ 
hill, otherwise he would vote ‘‘aye.” 

Mr. McOASLAN requested that the following be spread upon the 
Journal: “Not wishing to appear as dodging an issue, if I had been 
present I would have voted “ no.” 

Mr. GEORGE JOHNSTONE moved to reconsider the vote whereby 
the amendment was rejected, and to lay that motion on the table; 
which was agreed to. 

Mr. RAGSDALE moved to amend as follows : Line 3, strike out 
the word “ eight,” and insert in lieu thereof the word “ four.” 

Mr. RAGSDALE spoke in support of his amendment. Debate 
continued by Mr. Stanyarne Wilson. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 53 ; nays, 70. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Atkinson, Austin, Barry, Bobo, Carver, 
Connor, Cooper, Cunningham, Dennis, Field, Floyd, Gamble, Garris, 
J. P. Glenn, Gooding, Graham, Gray, Gunter, Harrison, Hay, 
Hemphill, D. S. Henderson, Wm. Henderson, Henry, Keitt, Lee, 
McOalla, McCown, McDermotte, McMahan, McMakin, McWliite, 
Meares, Miller, J. D. Montgomery, Murray, Nash, Parrott, Patter¬ 
son, Ragsdale, I. R. Reed, Russell, Singletary, Smalls, A. J. Smith, 
W. C. Smith, Stokes, Talbert, Taylor, Wharton, W. B. Wilson, and 
Woodward.—53. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Barker, 
Barton, Bates, Bowen, Bowman, Bradham, Breazeale, J. S. Brice, 
T. W. Brice, Bryan, Buist, Cantey, Clayton, Dent, Douglass, Hoyle, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 637 


Dudley, Efird, Fitch, Eraser, Gage, Gilland, J. L. Glenn, Hamel, 
Haynsworth, Houser, Howell, T. E. Johnson, George Johnstone, 
Ira B. Jones, Wilie Jones, E: J. Kennedy, J. W. Kennedy, Klugh, 
Lowman, Lybrand, McCaslan, McGowan, McKagen, Mitchell, W. J. 
Montgomery, Moore, Morrison, Mower, Nathans, Nicholson, Otts, 
Parler, Patton, Peake, Prince, J. H. Read Rowland, Shuler, Sloan, 
R. F. Smith, Smoak, Stribling, Sullivan, B. R. Tillman, G. D. Till¬ 
man, Von Kolnitz, Watson, Wells, A. H. AVhite, S. E. White, Wig¬ 
gins, Stanyarne Wilson, and Winkler.—70. 

PAIRS. 

Mr. DeHAY stated that he was paired with Mr. Timmerman, other¬ 
wise he would vote “aye.” 

Mr. STANYARNE WILSON moved to reconsider the vote where¬ 
by the Convention refused to adopt the proposed amendment, and to 
lay that motion on the table ; which was agreed to. 

The Section as amended was adopted. 

Section 3. Mr. STANYARNE WILSON moved to amend line 2 by 
striking off the letter “s” at the end of the words “ Chief Justices ;” 
which was agreed to. 

The Section as amended was adopted. 

Section 4. Mr. McGOWAN moved to amend as follows: Insert 
on line 4, after the word “chancery,” the following words: “and in 
such appeals they shall review the findings of facts as well as the law, 
except in chancery cases when the facts are settled by a jury and the 
verdict not set aside which was agreed to. 

The Section as amended was adopted. 

Section 5. Mr. PATTON asked and obtained permission to with¬ 
draw his amendment printed in the Journal of yesterday, page 21, 
and offered the following as a substitute for Section 5 : 

A term of the Supreme Court shall be held during each month of the 
year, excepting the months of July, August and September, at each of 
which holding the dockets of each of the respective Circuits shall be called 
for a hearing, and in each so heard a decision shall be rendered within 
thirty days from the hearing thereof: Provided, That in cases wherein by 
the provisions of Section 12 of this Article the decision of a bench of all the 
Judges is necessary the reargument shall be had at such time as the 
Supreme Court shall direct. 

Mr. PATTON spoke in support of his amendment. 

Debate continued by Messrs. Stanyarne Wilson, McWhiteand Rags¬ 
dale. 


i 



638 


JOURNAL OF PROCEEDINGS, 


Mr. STANYARNE WILSON moved to lay the substitute on the 
table. 

The question being put, the substitute was rejected. 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
the substitute was rejected, and to lay that motion on the table; 
which was agreed to. 

The Section was adopted as reported by the Committee. 

Section 6. Mr. McGOWAN moved to amend as follows : (Printed 
in the Journal of yesterday, page 22); which was agreed to. 

The Section as amended was adopted. 

Sections 7, 8 and 9 were adopted as reported. 

Section 10. Mr. D. S. HENDERSON moved to amend as follows : 
(Printed in Journal of yesterday, page 21) ; which was agreed to. 

Mr. McGOWAN asked and obtained permission to withdraw the 
amendment proposed by him and printed in the Journal of yesterday, 
page 22. 

Mr. B. R. TILLMAN moved to amend as follows : Strike out the 
word “ thirty ” on line 3 and insert in lieu thereof the words 
“ twenty-six ;” which was agreed to. 

The Section as amended was adopted. 

Section 11. Mr. GILLAND moved to amend as follows : By adding 
after the word “appointment ” on line 3 the following words : “and 
when a vacancy is filled by either appointment or election the incum¬ 
bent shall hold only for the unexpired term of his predecessors 
which was agreed to. 

The Section as amended was adopted. 

Mr. D. S. HENDERSON moved to amend as follows : (Printed in 
the Journal of yesterday, pages 21 and 22.) 

Mr. D. S. HENDERSON spoke in support of his proposed amend¬ 
ment. 

Debate continued by Messrs. George Johnstone and Stribling. 

At 2 P. M., the pending question being the proposed amendment of 
Mr. D. S. Henderson, the Convention receded from business until 4 
P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 4 P. M. 

No. 42, report of the Committee on Judicial Department, the pend¬ 
ing question being the proposed amendment of Mr. D. S. Henderson 
to Section 12. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 639 


Mr. HENDERSON asked and obtained permission to withdraw his 
proposed amendment printed in the Journal of yesterday, pages 21 
and 22. 

Section 12. Mr. D. S. HENDERSON moved the following as a 
substitute for Section 12 : 

In all cases decided by the Supreme Court the concurrence of three of 
the Justices shall be necessary for a reversal of the judgment below, but if 
the four Justices equally divide in opinion the judgment below shall be 
affirmed, subject to the provisions hereinafter prescribed. 

Whenever upon the hearing of any cause or question before the Supreme 
Court, in the exercise of its original or appellate jurisdiction, it shall 
appear to the Justices thereof, or any two of them, that there is involved a 
question of Constitutional law, or of conflict between the Constitution and 
laws of this State and of the United States, or between the duties and ob¬ 
ligations of her citizens under the same, upon tfye determination of which 
the entire Court is not agreed; or whenever the Justices of said Court, or 
any two of them, desire it on any cause or question so before said Court, 
the Chief Justice, or in his absence the presiding Associate Justice, shall 
call to the assistance of the Supreme Court all of the Judges of the Cir¬ 
cuit Court: Provided, however, That when the matter to be submitted is 
involved in an appeal from the Circuit Court, the Circuit Judge who tried 
the cause shall not sit. A majority of the Justices of the Supreme Court 
and Circuit Judges shall constitute a quorum. 

The decision of the Court so constituted, or a majority of the Justices 
and Judges sitting, shall be final and conclusive. 

In such cases the Chief Justice, or in his absence the presiding Asso¬ 
ciate Justice, shall preside. 

Whenever the Justices of the Supreme Court and the Circuit Judges 
meet together for the purposes aforesaid, if the number thereof qualified 
to sit constitute an even number, then one of the Circuit Judges must retire; 
and the General Assembly shall prescribe a mode by which the retirement 
shall be regulated. 

After debate by Messrs. D. S. Henderson, Haynsworth and Rags¬ 
dale, the further debate was adjourned until 8 P. M. this day. 

LEAVE OF ABSENCE 

Was granted until Monday to Mr. Stokes. 

Section 13. Mr. RAGSDALE moved to amend as follows : On 
lines 2 and 3, strike out the words “ by joint viva voce vote of the 
General Assembly,” and insert the words “by the qualified electors of 
the State.” 

Mr. STANYARNE WILSON moved to lay the amendment on the 
table. 

The question being put : “Will the Convention agree thereto?” it 
was decided in the affirmative. 




640 


JOURNAL OF PROCEEDINGS, 


The ye&s and nays were requested, and are as follows : 

Yeas, 64 ; nays, 51. 

Those who voted in the affirmative are : 

Yeas—Messrs. Atkinson, Barker, Behre, Bobo, Bowen, Bowman, J. 
S. Brice, Buist, Bryan, Cantey, Clayton, Douglass, Doyle, Dudley, 
Efird, Ellerbe, W. D. Evans, Field, Fitch, Fraser, Gary, Gilland, J. L. 
Glenn, Gunter, Haynsworth, Hemphill, D. S. Henderson, Howell, T. 
E. Johnson, George Johnstone, Wilie Jones, E. J. Kennedy, Klugh, 
Lee, Lybrand, McCalla, McCaslan, McGowan, McKagen, McMahan, 
J. D. Montgomery, W. J. Montgomery, Moore, Nathans, Nicholson, 
Parler, Patterson, Peake, Prince, J. H. Read, Shuler, Sloan, R. F. 
Smith, W. 0. Smith, Smoak, Stackhouse, Stribling, G. D. Tillman, 
Von Kolnitz, A. H. White, S. E. White, Wiggins, Stanyarne Wilson, 
W. B. Wilson, and Wilder.—64. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Austin, Barry, Barton, Breazeale, Burn, Carver, 
Connor, Cooper, Cunningham, DeHay, Dennis, Gage, Gamble, Garris, 
J. P. Glenn, Gooding, Graham, Gray, Hamel, Harris, Harrison, Hay, 
Wm. Henderson, Henry, Ira B. Jones, Keitt, Lowman, McCown, Mc- 
Makin, McWhite, Meares, Miller, Morrison, Murray, Otts, Ragsdale, 
I. R. Reed, Rosborough, Rowland, Russell, Singletary, Smalls, A. J. 
Smith, Talbert, Taylor, Watson, and Whipper.—51. 

Mr. WHARTON stated that he was paired with Mr. Oliver, other¬ 
wise he would vote “ no.” 

Mr. NASH stated that he was paired with Mr. Mitchell, otherwise 
he would vote “no.” 

Mr RAGSDALE moved to amend as follows : Line 3, strike out the 
word “ eight” and insert the word “four.” 

Mr. RAGSDALE spoke in support of his amendment. 

Debate continued by Messrs. Wilson, J. D. Montgomery and Burn. 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 85 ; nays, 31. 

Those who voted in the affirmative are: 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barry, Behre, Bobo, Burn, Carver, 
Clayton, Connor, Cooper, Cunningham, DeHay, Dennis, Douglass, 
Dudley, Efird, Ellerbe, W. D. Evans, Field, Fraser, Gamble, Garris, 
Gary, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gray, Gunter, 
Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, Wm. Hender- 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 641 


son, Henry, Howell, Keitt, E. J. Kennedy, Lee, Lowman, Lybrand, 
McCalla, McCaslan, McCown, McDermotte, McKagen, McMahan, 
McMakin, McWhite, Meares, Miller, J. D. Montgomery, W. J. Mont¬ 
gomery, Moore, Morrison, Murray, Nash, Nathans, Otts, Parler, Pat¬ 
terson, Ragsdale, I. R. Reed, Rosborough, Russell, Singletary, Smalls, 
A. J. Smith, TV. C. Smith, Smoak, Stackhouse, Talbert, Taylor, 
Wharton, Whipper, Wiggins, W. B. Wilson, Winkler, and Wood¬ 
ward.—85. 

Those who voted in the negative are : 

Nays—Messrs. Barker, Barton, Bowen, Bowman, Breazeale, J. S. 
Brice, Buist, Cantey, Doyle, Fitch, Gage, Gilland, D. S. Henderson, 
T. E. Johnson, George Johnstone, Ira B. Jones, Wilie Jones, Klugh, 
McGowan, Nicholson, Peake, J. H. Read, Rowland, Sloan, R. F. 
Smith, Stribling, G. D. Tillman, Von Kolnitz, A. H. White, S. E. 
White, and Stanyarne Wilson.—31. 

Mr. GARRIS moved to amend as follows : On line 4 strike out the 
words “ and at the time of his election he shall reside in and be an 
elector of a County.” 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 26 ; nays, 87. 

Those who voted in the affirmative are: 

Yeas—Hon. John Gary Evans, President, and Messrs. Anderson, 
Behre, Buist, Cantey, Clayton, Connor, Cooper, Efird, W. D. Evans, 
Garris, Gary, Henry, T. E. Johnson, Lowman, Lybrand, McDer¬ 
motte, McMahan, J. D. Montgomery, Patterson, I. R. Reed, A. J. 
Smith, Smoak, Talbert, Wharton, and Woodward.—26. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Ashe, Atkinson, Austin, Barker, Barry, 
Barton, Bobo, Bowen, Bowman, Breazeale, J. S. Brice, Burn, Carver, 
Cunningham, Dellay, Dennis, Douglass, Doyle, Dudley, Ellerbe, 
Field, Fitch, Fraser, Gage, Gamble, Gilland, J. L. Glenn, J. P. 
Glenn, Gooding, Graham, Gray, Gunter, Hamel, Harris, Harrison, 
Hay, Haynsworth, Hemphill, D. S. Henderson, William Henderson, 
Howell, George Johnstone, Ira B. Jones, W r ilie Jones, Keitt, E. J. 
Kennedy, Klugh, Lee, McCalla, McCaslan, McCown, McGowan, 
McKagen, McMakin, McWhite, Meares, Miller, W. J. Montgomery, 
Moore, Morrison, Murray, Nash, Nathans, Nicholson, Otts, Parler, 
Ragsdale, J. H. Read, Rosborough, Rowland, Singletary, Sloan, 
Smalls, R. F. Smith, W. C. Smith, Stackhouse, Stribling, Taylor, 


41—500 



642 


JOURNAL OF PROCEEDINGS, 


G. D. Tillman, Yon Kolnitz, Whipper, A. H. White, S. E. White, 
Wiggins, Stanyarne Wilson, and Winkler.—87. 

Mr. W. B. WILSON stated that he was paired with Mr. B. R. 
Tillman, otherwise he would vote “no.” 

Mr. STANYARNE WILSON moved to recur to Section 12. 

The substitute of Mr. D. S. Henderson was adopted as Section 12. 

Sections 14 and 15 adopted as reported by the Committee. 

Section 16. Mr. PITCH moved to amend as follows : Strike out on 
line 2 the word “twice,” and insert in lieu thereof the word “three.” 

Mr. STANYARNE WILSON moved to lay the amendment on the 
table ; which was agreed to. 

Mr. BARKER moved to reconsider the vote whereby Section 15 
was adopted ; which was agreed to. 

Mr. BARKER moved to add to line 6, Section 15, the words “ex¬ 
cept from such inferior Courts from which the General Assembly shall 
provide an appeal directly to the Supreme Court;” which was 
agreed to. 

Mr. STANYARNE WILSON moved to amend line 5 by inserting 
after the last word “all” the word “civil;” which was agreed to. 

The Section as amended was adopted. 

Section 17. Mr. McGOWAN offered the substitute printed in the 
Journal of yesterday, page 22. 

The substitute was adopted as Section 17. 

Section 18. Mr. ME ARES moved to amend as follows : By adding 
to the end of the first sentence, after the word “cases,” on line 2, the 
words “except those the exclusive jurisdiction whereof may be given 
to inferior Courts.” 

Mr. MEARES spoke in support of his amendment. 

Debate continued by Messrs. Clayton and Stanyarne Wilson. 

Mr. MEARES asked and obtained permission to withdraw his pro¬ 
posed amendment, and introduced the following in lieu thereof: 
Strike out all down to^and including the first word “ cases,” on line 
2, and insert in lieu thereof the following: “ The Courts of General 
Sessions shall have exclusive jurisdiction over all criminal cases which 
shall not be otherwise provided for by law.” 

On motion of Mr. STANYARNE WILSON, the amendment was 
laid on the table. 

Mr. BOWMAN moved to amend line 4 by striking out the words 
“three times” and inserting in lieu thereof the word “twice;” 
which was agreed to. 

The Section as amended was adopted. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 643 


Section 19, on motion of Mr. GEORGE JOHNSTONE, was 
passed over for the present. 

Section 20. Mr. I. R. REED moved to amend as follows : 

Amend Section 20, line 1, by striking out the word “appointed” and in¬ 
serting the following: “elected at each general election.” Also, striking 
out on line 2 the words “by and with the advice and consent of the Sen¬ 
ate.” 

On motion of Mr. STANYARNE WILSON, the proposed amend¬ 
ment was laid on the table. 

Mr. MILLER moved to amend as follows : Line 4 by adding after 
the word “qualified” the words “each Magistrate shall receive a 
salary to be fixed by the General Assembly in lieu of all fees in crimi¬ 
nal cases.” 

Mr. STANYARNE WILSON moved to lay the amendment on the 
table. 

The question being put, the Convention refused to lay the amend¬ 
ment on the table. 

The amendment of Mr. McMillan was then adopted. 

REPORTS OE STANDING COMMITTEES. 

Mr. STANYARNE WILSON, for the Committee on Judicial 
Department, submitted the following report, which was read the first 
time and ordered for consideration to-morrow : 

The Committee on Judicial Department respectfully report the accom¬ 
panying Article, to be known as “Schedule,” and recommend its adoption. 

All of which is respectfully submitted. 

STANYARNE WILSON, 
Chairman. 


SCHEDULE. 

That no inconvenience may arise from the changes in the Constitution of 
the State, and in order to carry this Constitution into complete operation, 
it is hereby ordained and declared: 

First. That all laws in force in this State at the time of the adoption of 
this Constitution, not inconsistent therewith, shall remain in full force 
until altered or repealed by the General Assembly. 

Second. All writs, actions, causes of action, proceedings, prosecutions 
and rights of individuals, of bodies corporate and of the State, when not 
inconsistent with this Constitution, shall continue as valid. 

Third. The provisions of all laws which are inconsistent with this Con¬ 
stitution shall cease upon its adoption, except that all laws which are 
inconsistent with such provisions of this Constitution as require legislation 
to enforce them shall remain in force until such legislation is had. 




644 


JOURNAL OF PROCEEDINGS, 


Fourth. All fines, penalties, forfeitures and escheats accruing to the 
State of South Carolina under the Constitution and laws heretofore in 
force shall accrue to the use of the State of South Carolina under this Con¬ 
stitution, except as herein otherwise provided. 

Fifth. All recognizances, obligations and all other instruments entered 
into or executed before the adoption of this Constitution to the State, or to 
any County, township, city or town therein, and all fines, taxes, penalties 
and forfeitures due or owing to this State or to any County, township, city 
or town therein, and all writs, prosecutions, actions and proceedings, 
except as otherwise herein provided, shall continue and remain unaffected 
by the adoption of this Constitution. All indictments which shall have 
been found, or may hereafter be found, for any crime or offense committed 
before the adoption of this Constitution may be prosecuted as if no change 
had been made, except as otherwise provided herein. 

Sixth. All officers—State, executive, legislative, judicial, circuit, district, 
County, township and municipal—who may be in office at the adoption of 
this Constitution, or who may be elected before the election of their suc¬ 
cessors, as herein provided, shall hold their respective offices until their 
terms have expired and until their successors are elected or appointed and 
qualified, as provided in this Constitution, unless sooner removed as may 
be provided by law, and shall receive the compensation now fixed by the 
statute laws in force at the adoption of this Constitution. 

Seventh. This Constitution, adopted by the people of South Carolina in 
convention assembled, shall be in force and effect from and after the 
day of , A. D. eighteen hundred and ninety-five. 

Mr. STANYARNE WILSON, for the Committee on Judicial 
Department, submitted the following report, which was read the first 
time and ordered for consideration to-morrow : 

The Committee on Judicial Department, to whom was referred an ordi¬ 
nance to provide for the transfer of the State Government from the old 
Constitution to the new Constitution adopted in this Convention, respect¬ 
fully report that they have carefully considered the same, and recommend 
that the ordinance be not adopted. 

All of which is respectfully submitted, 

STANYARNE WILSON, Chairman. 

At 6 P. M., the hour fixed for taking recess, the Convention receded 
from business until 7:30 P. M. this day. 


RECESS. 

The President resumed the chair at 7:30 P. M. 

UNFINISHED BUSINESS. 


No. 42, report of the Committee on Judicial Department. 
Section 20, adopted as amended. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 645 


Section 21. Mr. GEORGE JOHNSTONE moved to amend line 8 
by striking out the word “may” and inserting in lieu thereof the 
word “ shall;” which was agreed to. 

The Section as amended was adopted. 

Section 22. Mr. D. S. HENDERSON moved to amend as follows. 
(Printed in the Journal of yesterday, page 21.) 

Mr. HENDERSON spoke in support of his proposed amendment. 

Debate continued by Messrs. Stanyarne Wilson and George John¬ 
stone. 

Mr. STANYARNE WILSON moved the following substitute for 
the proposed amendment: 

“ The grand jury of each County shall consist of eighteen members, 
twelve of whom must agree in a matter before it can be submitted to the 
Court. The petit jury of the Circuit Courts shall consist of twelve men, 
all of whom must agree to a verdict in order to render the same. Each 
juror must be a qualified voter under the provisions of this Constitution, 
between the ages of 21 and 65 years, and men of good moral character.” 

Which was agreed to. 

Mr. BARKER moved to amend as follows : Insert on line 2, between 
the words “all”and “ Courts,” the word “municipal,” and after the 
word “ Courts” insert the words “ and Courts ;” which was agreed to. 

The Section as amended was adopted. 

Section 23 was passed over. 

Sections 24 and 25 were adopted as reported by the Committee. 

Section 26. Mr. McGOWAN moved to amend as follows: Line 1 
after the word “but” add the following: “may state the testimony 
in civil cases and” 

ATter debate by Messrs. McGowan, Miller, W. D. Evans, George 
Johnstone, Haynsworth and Stanyarne Wilson, 

Mr. STANYARNE WILSON moved to lay the amendment on the 
table ; which was agreed to. 

The Section was adopted as reported by the Committee. 

Mr. STANYARNE WILSON moved to reconsider the vote 
whereby the Convention adopted Section 25 ; which was agreed to. 

Mr. STANYARNE WILSON moved to strike out on line 3 
the word “temporary” and insert in lieu thereof the word “inter¬ 
locutory;” which was agreed to. 

Also, by adding to the end of the Section the words, “the Judges 
of the Circuit Court shall have such powers at chambers as the Gen¬ 
eral Assembly may provide;” which was agreed to. 

The Section as amended was adopted. 




646 


JOURNAL OF PROCEEDINGS, 


Mr. RAGSDALE moved to reconsider the vote whereby Section 23 
was adopted ; which was agreed to. 

Mr. RAGSDALE moved to amend as follows : 

Add to Section 23 after line 5 the following: 

“ Provided, That in Counties where Magistrates or Trial Justices have 
separate and exclusive territorial jurisdiction criminal causes shall be tried 
in the Magistrate’s district where the offense was committed, subject to 
such provision for change of venue from one Magistrate’s district to 
another in the same County as may be provided by the General Assembly.” 

Which was agreed to. 

Mr. STANYARNE WILSON moved to amend the amendment by 
striking out the words “ or Trial Justices;” which was agreed to. 

Mr MILLER moved to amend same Section, line 2, by striking out 
the word “ some” and inserting the letter “ a” in lieu thereof ; which 
was agreed to. 

The Section as amended was adopted. 

Mr. BRYAN moved to reconsider the vote whereby Section 25 was 
adopted ; which was agreed to. 

Section 25. Mr. BRYAN moved to amend as follows : “Strike 
outlines 3 and 4 and insert the words “mandamus, quo warranto , 
certiorari , prohibition and interlocutory writs or orders of injunction 
as when in open Court;” which was agreed to. 

The Section as amended was adopted. 

Sections 27 and 28 were adopted as reported by Committee. 

Section 29 was passed over for the present. 

Section 30. Mr. BARKER moved to amend by inserting after the 
word “and ” on line 1 the letter “ a ;” which was agreed to. 

The Section as amended was adopted. 

Sections 31 and 32 were adopted as reported by the Committee. 

Section 33. Mr. FITCH moved to amend as follows : by striking 
out on line 1 the words “and all Courts inferior thereto.” 

After debate by Mr. Fitch, 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 12; nays, 104. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Bowen, Burn, Fitch, Howell, E. J. Ken¬ 
nedy, Miller, I. R. Reed, Smalls, R. F. Smith, Waters, and Whipper. 
— 12 . 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 647 


Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Alexander, 
Ashe, Atkinson, Austin, Barker, Barton, Bobo, Bowman, Breazeale, 
J. S. Brice, Bryan, Buist, Cantey, Carver, Clayton, Connor, Cooper, 
Cunningham, DeHay, Dennis, Dent, Douglass, Doyle, Dudley, Efird, 
W. D. Evans, Field, Floyd, Fraser, Gage, Gamble, Garris, Gary, Gil- 
land, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gunter, Hamel, 
Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. Henderson, 
Wm. Henderson, Henry, T. E. Johnson, George Johnstone, Ira B. 
Jones, Wilie Jones, Keitt, Klugh, Lee, Lowman, McCalla, McCaslan, 
McCown, McDermotte, McGowan, McMahan, McMakin, Me White, 
Meares, J. D. Montgomery, W. J. Montgomery, Moore, Morrison, 
Mower, Murray, Nash, Nathans, Nicholson, Otts, Parler, Patterson, 
Peake, Prince, Ragsdale, Rosborough, Rowland, Russell, Sloan, A. J. 
Smith, W. C. Smith, Smoak, Stribling, Sullivan, Talbert, Taylor, 
B. R. Tillman, G. D. Tillman, Von Kolnitz, Watson, Wharton, A. H. 
White, S. E. White, Wiggins, Stanyarne Wilson, W. B. Wilson, 
Winkler, and Woodward.—104. 

Mr. BARKER moved to amend as follows : Insert after the word 
“ thereto” on line 1 the words “and municipal Courts;” which was 
agreed to. 

The Section as amended was adopted. 

Section 34. Mr. B. R. TILLMAN offered the following to be 
known as Section 34 : 

“ The Courts shall give to divorces from the bond of matrimony hereto¬ 
fore or hereafter granted by the Courts of other States of the Union the same 
force and effect in this State as in the States where granted: Provided, 
That the marriage ceremony was actually performed outside of the limits 
of this State, and there was one of the contracting parties who was neither 
a native of this State, nor, at the time of the ceremony, a citizen thereof.” 

Which was agreed to and adopted as Section 34. 

Section 34 of the printed Bill was changed to Section 35 and 
adopted as reported by the Committee. 

Mr. STANYARNE WILSON moved to recur to Section 10; which 
was agreed to. 

Section 19. Mr. GEORGE JOHNSTONE moved the following- 
substitute : 

“A Court of Probate shall be established in each County, with jurisdiction 
in all matters testamentary and of administration, in business appertaining 
to minors and the allotment of dower, in cases of idiocy and lunacy and 
persons non compos mentis. The Judge of said Court shall be elected by the 
qualified electors of the respective Counties for the term of four years.” 




648 


JOURNAL OF PROCEEDINGS, 


Mr. GEORGE JOHNSTONE spoke in support of his substitute. 

Debate continued by Mr. Stanyarne Wilson. 

Mr. CLAYTON offered the following amendment: Add to the end 
of the Section “and the Legislature shall confer such civil and 
criminal jurisdiction as it may think proper.” 

After debate by Messrs. Clayton and Bowman, 

Mr. GEORGE JOHNSTONE moved that a vote be had upon the 
Section at 10:30 P. M.; which was agreed to. 

Debate continued by Messrs. McWhite, Talbert, Breazeale, Bow¬ 
man, D. S. Henderson, Prince, J. D. Montgomery, B. R. Tillman, 
Stanyarne Wilson, G. D. Tillman and George Johnstone. 

Mr. GEORGE JOHNSTONE moved to lay the amendment pro¬ 
posed by Mr. Clayton on the table; which was agreed to. 

The question recurring upon the amendment of Mr. George John¬ 
stone, 

Mr. D. S. HENDERSON moved to lay it on the table. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 58 ; nays, 52. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Barton, 
Behre, Bowman, Breazeale, Buist, Cooper. Dennis, Douglass, Doyle, 
Dudley, Efird, Ellerbe, Field, Floyd, Gamble, Garris, Gary, Gray, 
Hamel, Harris, Hemphill, D. S. Henderson, Wm. Henderson, Howell, 
Ira B. Jones, Wilie Jones, Keitt, Klugh, Lowman, McMahan, Meares, 
J. D. Montgomery, W. J. Montgomery, Moore, Mower, Murray, 
Nash, Otts, Parler, Patterson, Peake, Prince, I. R. Reed, Russell, 
Sloan, Smalls, Smoak, Stackhouse, Stribling, Sullivan, G. D. Till¬ 
man, Whipper, Wigg, Wiggins, Stanyarne Wilson, W. B. Wilson, 
Winkler, and Woodward.—58. 

Those who voted in the negative are : 

Nays—Messrs. Ashe, Atkinson; Austin, Barker, Barry, Bellinger, 
Bobo, Bow r en, Bryan, Burn, Clayton, Connor, DeHay, Dent, Derham, 
W. D. Evans, Fitch, Fraser, Gage, J. L. Glenn, J. P. Glenn, Good¬ 
ing, Graham, Harrison, Hay, Haynsworth, Henry, Hutson, T. E. 
Johnson, George Johnstone, Lee, McCalla, McCaslan, McCown, Mc- 
Dermotte, McKagen, McMakin, McWhite, Nathans, Ragsdale, Ros- 
borough, A. J. Smith, R. F. Smith, W. C. Smith, Talbert, Taylor, 
B. R. Tillman, Yon Kolnitz, Waters, Wharton, A. H. White, and S. 
E. White.—52. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 649 


PAIRS. 

Mr. MORRISON stated that he was paired with Mr. Timmerman, 
otherwise he would vote “ no.” 

Mr. CUNNINGHAM stated that he was paired with Mr. Nichol¬ 
son, otherwise he would vote “no.” 

The Section as amended was adopted. 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
Section 19 was adopted, and to lay that motion on the table ; which 
was agreed to. 

Mr. STANYARNE WILSON moved to recur to Section 1 ; which 
was agreed to. 

Section 1. Mr. STANYARNE WILSON moved to amend by 
adding to the end of the Section the words “ but none of such Courts 
shall ever be invested with jurisdiction to try cases of murder, man¬ 
slaughter, rape, or attempt to rape, arson, common law burglary, 
bribery or perjury ;” which was agreed to. 

Mr. BARKER moved to amend by inserting after the word 
“municipal” on line 4 the word “ Courts :” which was agreed to. 

Also, to strike out on line 4 the word “ other ;” which was agreed 
to. 

Mr McGOWAN moved to amend line 4 by adding after the word 
“ Courts” the following : “in any or all of the Counties of this State, 
and ;” which was agreed to. 

Mr. B. R. TILLMAN moved to amend as follows : By adding 
“ Provided , Before a County Court shall be established in any 
County it must be submitted to the qualified electors, and a majority 
of them must vote for its establishment.” 

After debate by Messrs. B. R. Tillman, Derham, Meares, George 
Johnstone and Stanyarne Wilson, 

Mr. STANYARNE WILSON moved to lay the amendment on the 
table. 

The question being put, the motion was rejected. 

The amendment was then adopted. 

The Section as amended was adopted. 

Mr. STANYARNE WILSON moved to reconsider the vote 
whereby the Section was adopted, and to lay that motion on the 
table ; which was agreed to. 

Section 29 was adopted as reported by the Committee. 

Mr. STANYARNE WILSON moved to reconsider the vote where¬ 
by the Convention adopted Section 29, and to lay that motion on the 
table ; which was agreed to. 





650 


JOURNAL OF PROCEEDINGS, 


The Article as amended was read the second time, adopted, and 
ordered engrossed for a third reading to-morrow. 

REPORTS OF STANDING COMMITTEE. 

Mr. FIELD, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report, which was considered imme¬ 
diately and agreed to : 

The Committee on Contingent Accounts and Expenses, to whom was 
referred the bill of Columbia Electric Street Railway Light and Power 
Company for the sum of $700 for lighting the State House during the ses¬ 
sion of the Constitutional Convention from 10th of September to the 1st of 
December, 1895, respectively report that they have carefully examined the 
same and recommend that it be paid. 

W. T. FIELD, Chairman. 

Also the following, which was considered immediately and agreed to: 

The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred the bill of Charles A. Calvo, Jr., for printing, amounting to $248.48, 
respectfully report that they have carefully examined the same, and recom¬ 
mend that it be paid. 

W. T. FIELD, Chairman. 

Also the following, which was considered immediately and agreed to : 

The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred the account of Mr. W. J. Duffie for two gross of caligraphic pencils, 
$3.00, $6.00, and to one box paper fasteners, $1.00—$7.00, respectfully re¬ 
spectfully report that they have carefully examined the same, and recom¬ 
mend the same be paid. 

W. T. FIELD, Chairman. 

Mr. W. D. EVANS introduced the following resolution : 

Resolution in Regard to Paying the State Printer. 

Resolved, That the Comptroller General be authorized and directed to 
audit the accounts of the State Printer for work done for the Convention 
before or after its adjournment sine die, and to draw his warrant upon the 
State Treasurer therefor upon production of the proper vouchers. 

Ordered for consideration to-morrow. 

GENERAL ORDERS. 

No. 63, report of the Committee on Eminent Domain (Mr. Russell 
for Committee) ; 

No. 65, an ordinance to provide for the payment of the per diem 
and mileage of the delegates, officers and employees of the Conven- 








SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 651 


tion and other necessary expenses, and to require the General Assem¬ 
bly to make additional appropriations to pay the same (Mr. W. D. 
Evans for Committee) ; 

No. 66, an ordinance to provide for the payment of the interest on 
the public debt of the State of South Carolina, to become due on the 
1st day of January, A. D. 1896, and to require the General Assembly 
to make appropriation for that purpose (Mr. W. D. Evans, for Com¬ 
mittee), 

Were each read the second time and ordered engrossed for a third 
reading to-morrow. 

Mr. GARRIS introduced the following ordinance, which was read 
the first time and ordered for consideration to-morrow, to be printed 
in the Journal only : 

Be it ordained by the people of South Carolina, in convention assembled, 
That the same per diem and mileage be given each to the widows of Dr. J. 
0. Byrd, deceased, and Robert H. Hodges, deceased, as would have been 
due the said Dr. J. 0. Byrd and Robert H. Hodges if they had survived 
and attended the Convention. 

LEAVE OE ABSENCE 

Was granted to Mr. Cantey until Monday next on account of im¬ 
portant business ; to Mr. Wells until Monday next. 

On motion of Mr. IRA B. JONES, at 11:15 P. M., the Convention 
adjourned until 9:30 A. M. to-morrow. 


FIFTY-FIFTH DAY. 


Saturday, November 23, 1895. 


The Convention assembled at 9:30 o'clock A. M. 

The Secretary called the roll. 

The following delegates answered to their names : 

Hon. John Gary Evans, President, and Messrs. Alexander, Ander¬ 
son, Ashe, Atkinson, Austin, Barker, Barry, Barton, Behre, Bel- 






652 


JOURNAL OF PROCEEDINGS, 


linger, Bowen, Bowman, Bradham, Breazeale, J. S. Brice, Bryan, 
Buist, Burn, Carver, Clayton, Connor, Cooper, Cunningham, DeHay, 
Dennis, Dent, Derham, Douglass, Doyle, Dudley, Efird, Ellerbe, 
W. D. Evans, Farrow, Field, Fitch, Floyd, Fraser, Gage, Gam¬ 
ble, Garris, Gary, Gilland, J. L. Glenn, J. P. Glenn, Gooding, 
Graham, Gray, Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, 
Hemphill, D. S. Henderson, Wm. Henderson, Henry, Howell, 
Hutson, Irby, T. E Johnson, George Johnstone, Ira B. Jones, Wilie 
Jones, Keitt, E. J. Kennedy, Klugh, Lee, Lowman, Lybrand, 
McCaslan, McCown, McDermotte, McGowan, McKagen, McMahan, 
McMakin, McWhite, Meares, Miller, J. D. Montgomery, W. J. 
Montgomery, Moore, Morrison, Mower, Murray, Nash, Nathans, 
Nicholson, Oliver, Otts, Parler, Patterson, Patton, Peake, Prince, 
Ragsdale, J. H. Read, I. R. Reed, Rosborough, Rowland, Russell, 
Singletary, Sloan, Smalls, A. J. Smith, Jeremiah Smith, R. F. Smith, 
Taylor, W. C. Smith, Smoak, Stackhouse, Stokes, Stribling, Sullivan, 
Talbert, B. R. Tillman, G. D. Tillman, Timmerman, Von Kolnitz, 
Waters, Watson, Wells, Wharton, Whipper, A. H. White, S. E. 
White, Wiggins, Stanyarne Wilson, W. B. Wilson, Winkler, and 
Woodward, 

Present, 134 delegates. 

Vice-President IRA B. JONES took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday’s proceedings was read and confirmed. 
LEAVES OF ABSENCE. 

Mr. Haynsworth for next week ; Mr. Bobo indefinite leave; Mr. 
Parrott until next Tuesday. 

UNFINISHED BUSINESS. 

No. 34, proposed Article I of the Constitution, being the Declara¬ 
tion of Rights. 

Section 12 was adopted as reported by the Committee. 

Section 13. Mr. MEARES moved to amend as follows : Strike out 
all after the word “office” on line 2 to the word “ after” on line 4, 
and insert the words “no person shall be elected or appointed to office 
in this State for life, or during good behavior ; but the terms of all 
officers shall be for some specified period.” 

Mr. STANYARNE WILSON moved to amend as follows by add¬ 
ing “except Notaries Public and militia officers;” which was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 653 


Mr. PRINCE moved to strike out all of the Section after “be¬ 
havior ” on line 4. 

The question being put, the amendment was rejected. 

The Section as amended was adopted. 

Section 20. Mr. MOWER moved to amend as follows: line 8 strike 
out “nor be deprived of life, liberty or property without due process 
of law;” which was agreed to. 

Mr. RAGSDALE moved to amend : strike out all after the word 
“law” on line 8 of Section 20, and add in lieu thereof the following: 
“ private property shall not be taken for private use without the con¬ 
sent of the owner, nor for public use without just compensation being 
first made therefor;” which was agreed to. 

Mr. ST ANY ARNE WILSON moved to amend as follows : strike 
out all after the word “crime” on line 1 down to and including 
“unless” on line 3, and insert in lieu thereof the words “in the 
Court of General Sessions.” 

After debate by Messrs. Stanyarne Wilson, Ragsdale, B. R. Till¬ 
man, George Johnstone, D. H. Henderson, W. J. Montgomery, Tal¬ 
bert, Howell, Burn, McGowan, Hutson and Ragsdale, 

The question being put : “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 46 ; nays, 65. 

Those who voted in the affirmative are : 

Messrs. Anderson, Ashe, Barker, Barton, Behre, Bowman, Brea- 
zeale, Buist, Clayton, Connor, Cooper, Douglass, Dudley, Efird, 
Ellerbe, Floyd, Gamble, Garris, Gary, Hemphill, Howell, Ira B. 
Jones, Keitt, Klugh, Lowman, McGowan, McKagen, McMahan, J. 
D. Montgomery, W. J. Montgomery, Moore, Nathans, Nicholson, 
Otts, Parler, Russell, R. F. Smith, Smoak, Stribling, Sullivan, G. D. 
Tillman, Whipper, Stanyarne Wilson, W. B. Wilson, Winkler, and 
W ood ward.—46. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Atkinson, Austin, Brrry, Bellinger, 
Bowen, Bryan, Burn, Carver, Cunningham, DeHay, Dennis, Derham, 
Doyle, Farrow, Field, Fitch, Fraser, Gage, Gilland, J. L. Glenn, J. P. 
Glenn, Gooding, Graham, Hamel, Harris, Harrison, Hay, Wm. Hen¬ 
derson, Hutson, T. E. Johnson, George Johnstone, Wilie Jones, E. 
J. Kennedy, Lee, McCaslan, McCown, McDermotte, McMakin, Mc- 
White, Meares, Miller, Mower, Murray, Nash, Oliver, Patton, Rags¬ 
dale, J. H. Reed, I. R. Reed, Rosborough, Rowland, Singletary, 
Sloan, Smalls, A. J. Smith, Jeremiah Smith, Talbert, Taylor, B. R. 



654 


JOURNAL OF PROCEEDINGS, 


Tillman, Yon Kolnitz, Wharton, A. H. White, S. E. White, and 
Wiggins.—65. 


PAIRS. 

Mr. D. S. HENDERSON stated that he was paired with Mr. Bobo, 
otherwise he would vote “yea.” 

Mr. MORRISON stated that he was paired with Mr. Timmerman, 
otherwise he would vote “no.” 

Mr. MOWER moved to reconsider the vote whereby the Conven- 
vention rejected the proposed amendment, and to lay that motion on 
the table ; which was agreed to. 

Mr. BOWMAN moved to amend as follows: Section 20, line 2, 
strike out “one hundred” and insert “five hundred;” strike out “thirty 
days” and insert “one year.” 

On motion of Mr. MOWER, the proposed amendment was laid on 
the table. 

Mr. FRASER moved to amend line 3 by adding after the word 
“ days” the following words: “ with or without hard labor;” which 
was agreed to. 

Mr. ME ARES moved to amend as follows: Insert after the word 
“liberty” on line 7 the words “but there must be an actual acquittal 
or conviction to bar another prosecution.” 

After debate by Messrs. Meares, George Johnstone, Ragsdale, Pat- 
top and Gage, 

Mr. GEORGE JOHNSTONE moved to lay the amendment on the 
table ; which was agreed to. 

The Section as amended was adopted. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote where¬ 
by the Convention adopted Section 20 and to lay that motion on the 
table ; which was agreed to. 

Section 21 was adopted as amended. 

Section 22 was adopted as reported by Committee. 

Section 2. Mr. B. R. TILLMAN moved to reconsider the vote 
whereby Section 2 was adopted ; which was agreed to. 

Section 2. Mr. B. R. TILLMAN moved to amend as follows : 
Strike out Section 2. 

After debate by Messrs. B. R. Tillman, George Johnstone and 
McMahan, 

The question being put, the Convention agreed to strike out. 

The Article was read the second time, adopted, and ordered 
engrossed for a third reading to-morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 655 


Mr. MOWER moved to reconsider the vote whereby the Conven¬ 
tion ordered to a third reading the Article, and to lay that motion on 
the table ; which was agreed to. 

GENERAL ORDERS. 

No. 62, an ordinance to provide that the General Assembly may 
enact such laws as may be necessary to validate and carry into effect 
subscriptions to the capital stock of certain railroad companies here¬ 
tofore voted by the County of Fairfield, and to validate and authorize 
the issue of bonds in payment of the same was read the third time, 
and referred to the Committee on Order, Style and Revision. 

No. 58, an ordinance defining the pay and mileage of the members, 
officers and employees of this Convention. 

Section 3. Mr. FIELD moved to amend as follows : On last line by 
striking out the word ‘ five ” before the word “hundred,” and insert¬ 
ing the word “ seven ” in lieu thereof ; which was agreed to. 

Mr. CLAYTON offered the following, to be known as Section 4 : 

Section 4. The disbursing officers of this Convention shall, upon the ad¬ 
journment thereof, or as soon thereafter as practicable, issue to the widows 
of the late J. 0. Byrd, R. H. Hodges and J. M. Sprott, members of this Con¬ 
vention, who died while in attendance thereon, pay certificates for the 
amounts which would have been due their respective husbands had they 
* lived and been in attendance upon this body when it adjourned. 

Which was agreed to. 

The Article was read a third time, adopted as amended and ordered 
referred to the Committee on Order, Style and Revision. 

No. 46, report of Committee on Jurisprudence, 

Section 6. Mr. B. R. TILLMAN moved to add to the end of the 
Section : Provided, In all cases of lynching when death ensues, the 
County where such lynching takes place shall, without regard to the 
conduct of the officer, be liable to exemplary damages of not less than 
two thousand dollars to the legal representatives of the person 
lynched;” which was agreed to. 

Mr. B. R. TILLMAN, at the request of Mr Sheppard, introduced 
the following : 

“ Provided further, Each and every person connected with such mob or 
unlawful assemblage shall be jointly and severally liable to the person in¬ 
jured, or, if he be dead, to his personal representatives, in damages to the 
sum of five thousand dollars, to be moved by action in the Court of Com¬ 
mon Pleas, and each and every of the said persons against whom a judg- 




656 


JOURNAL OF PROCEEDINGS, 


inent may be found shall be imprisoned until the judgment shall he paid 
in full.” 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 38 ; nays, 74. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Bellinger, Breazeale, Buist, Burn, Dudley, Ellerbe, 
Fitch, Gage, Gary, D. S. Henderson, Henry, T. E. Johnson, Wilie 
Jones, Keitt, McOaslan, McDermotte, McMahan, Miller, J. D. Mont¬ 
gomery, W. J. Montgomery, Nathans, Nicholson, Parler, I. R. Reed, 
Smalls, Jeremiah Smith, Stribling, Sullivan, B. R. Tillman, Watson, 
Whipper, S. E. White, W. B. Wilson, and Woodward.—38. 

Those who voted in the negative are : 

Messrs. Atkinson, Austin, Barker, Barry, Barton, Behre, Bowen, 
Bowman, Carver, Clayton, Connor, Cooper, Cunningham, DeHay, 
Dennis, Dent, Douglass, Doyle, Efird, W. D. Evans, Farrow, Field, 
Floyd, Fraser, Gamble, Garris, Gilland, J. L. Glenn, J. P. Glenn, 
Gooding, Graham, Gunter, Hamel, Harris, Hay, Haynsworth, Hemp¬ 
hill, Win. Henderson, Howell, George Johnstone, Ira B. Jones, E. J. 
Kennedy, Klugh, Lee, Lowman, McCown, McGowan, McKagen, Mc- 
Makin, McWhite, Meares, Moore, Morrison, Murray, Nash, Oliver, 
Otts, Patterson, Peake, Ragsdale, J. IP. Read, Rosborough, Rowland, 
Singletary, A. J. Smith, Smoak, Talbert, Taylor, G. D. Tillman, 
Yon Kolnitz, Wharton, A. H. White, Wiggins, and Stanyarne Wil¬ 
son.—74. 

REASON FOR VOTING. 

Mr. BARKER— 

“I vote ‘no’ on the additional Section 6 to Article on Jurisprudence be¬ 
cause I believe the provision is so extreme in its severity that it will defeat 
its own object, and that no conviction will be had under it.” 

Mr. B R TILLMAN moved to amend by limiting the imprison¬ 
ment to one year. 

Mr. PATTERSON moved to lay the amendment on the table ; 
which was agreed to. 

Mr. BREAZEALE moved to amend Section 6 as follows, by adding 
to the end of the Section : 

Provided, That any County against whom a judgment has been obtained 
for damages in any case of lynching shall have the right to recover the 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 657 


amount of said judgment from the parties engaged in said lynching in any 
Court of competent jurisdiction. 

Which was agreed to. 

Mr. BELLINGER moved to amend by striking out the words 
e< indicted and which was agreed to. 

The Section as amended was adopted. 

The Article having been read three times was adopted as amended, 
and ordered referred to the Committee on Order, Style and Revision. 

No. 30, report of the Committee on Corporations. (Mr. Bellinger 
for Committee.) 

Section 1 was adopted as reported by the Committee. 

Section 2 was adopted as amended. 

Section 3. Mr. HOWELL moved to amend as follows : Strike 
out all on line 4 after the word “such.” 

After debate by Messrs. Howell, Cooper, Lee, Wharton and W. B. 
Wilson, 

Mr. STANYARNE WILSON moved that a vote be taken on this 
Section at 1.45 P. M.; which was agreed to. 

Debate continued by Messrs. Barker and George Johnstone. 

Mr. LEE moved to lay the amendment on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 43 ; nays, 67. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Barry, Bar¬ 
ton, Bellinger, Bowen. Bowman, Buist, Burn, Carver, Connor, Cun¬ 
ningham, Dent, Derham, Douglass, Field, Fraser, Gage, Gunter, 
Hamel, T. E. Johnson, George Johnstone, Ira B. Jones, Keitt, Lee, 
Lowman, McCown, McKagen, McMahan, Meares, Miller, Mower, 
Nash, Nicholson, Otts, Patterson, Ragsdale, Rowland, A. J. Smith, 
Jeremiah Smith, Taylor, Stanyarne Wilson, W. B. Wilson, and Wood¬ 
ward.—43. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Ashe, Austin, Barker, Breazeale, J. S. 
Brice, Bryan, Clayton, Cooper, DeHay, Dennis, Doyle, Dudley, Efird, 
W. D. Evans, Farrow, Fitch, Floyd, Gamble, Garris, Gary, Gilland, 
J. L. Glenn, J. P. Glenn, Graham, Harris, Harrison, Haynsworth, 
Hemphill, D. S. Henderson, Wm. Henderson, Henry, Howell, Hut¬ 
son, Wilie Jones, McCaslan, McGowan, McMakin, McWhite, J. D. 
Montgomery, AV. J. Montgomery, Moore, Morrison, Murray, Nathans, 
Oliver, Parler, Patton, Prince, J. H. Read, Rosborough, Russell, 
42—500 




658 


JOURNAL OF PROCEEDINGS, 


Singletary, Sloan, Smalls, R. F. Smith, Stribling, Sullivan, Talbert, 
B. R. Tillman, G. D. Tillman, Watson, Wharton, Whipper, A. H. 
White, S. E. White, and Wiggins.—67. 

Mr. WINKLER stated that he was paired with Mr. Klngh, other¬ 
wise he would vote “aye.” 

The question being upon the amendment of Mr. Howell, the 
amendment was agreed to. 

Mr. LEE moved to amend as follows : by adding the words “it 
shall be unlawful for any such corporation to make any contract reliev¬ 
ing it of its common law liability, or limiting the same, in reference to 
the carriage of passengers.” 

Mr. HOWELL moved to lay the amendment on the table. 

The question being put, the motion was rejected. 

The amendmeut of Mr. Lee was then adopted. 

Mr. LEE moved to reconsider the vote whereby the amendment 
was adopted, and to lay that motion on the table ; which was agreed to. 

Mr. HENRY introduced the following ordinance, which was read 
the first time and ordered for consideration to-morrow : 

Be it ordained by this Constitutional Convention, That the General Assem¬ 
bly at its next session shall provide reasonable compensation for the Com¬ 
missioners, Managers and other officers who conducted the election for 
members of this Constitutional Convention. 

REPORT OF STANDING COMMITTEE. 

Mr. DUDLEY submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred an Article relating to Finance and Taxation, beg leave to report 
that the same has been correctly engrossed and revised. 

T. E. DUDLEY, for Committee. 

Received as information. 

Mr. GARRIS asked and obtained permission to withdraw his Ordi¬ 
nance, No. 69, printed in the Journal of yesterday, page 19. 

Mr. CLAYTON, in the absence of the Clarendon delegation, in¬ 
troduced the following : 

Whereas this Convention has heard with regret of the death of J. M. 
Sprott, a delegate from the County of Clarendon; therefore, be it 

Eesolved, That a page of the Journal be dedicated to his memory, and 
that as a further mark of respect this Convention do now recede from busi¬ 
ness until 7:30 P. M. this day. 

The resolution was considered immediately and unanimously 
adopted by a rising vote. 

At 2 P. M. the Convention receded from business until 7:30 this 
day. 










660 


JOURNAL OF PROCEEDINGS, 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

No. 30, report of the Committee on Corporations (Mr. Bellinger 
for Committee.) 

Section 3 was adopted as amended. 

Section 4. Mr. PRINCE moved to amend as follows : on line 7 
strike out the word ‘ ‘railroad ;” which was agreed to. 

The Section as amended was adopted. 

Section 5. Mr. HO WELL moved to strike out the entire Section. 

After debate by Messrs. Howell, Bellinger, Talbert, W. D. Evans 
and Miller, 

The question being put, the motion was rejected. 

Mr. HAYNSWORTH moved to amend as follows: Transfer the 
words “within this State” from line 2 to line 3 after the word “in¬ 
telligence” and add after the same the word “or;” which was 
agreed to. 

The question being upon the adoption of the Section, 

Mr. G. D. TILLMAN addressed the Convention. 

Debate continued by Mr. Stanyarne Wilson. 

The Section was adopted as amended. 

Section 6. Mr. BTJIST moved to amend as follows : Strike out 
lines 8, 9, 10, 11 and 12, and spoke in support of his amendment. 

Debate was continued by Messrs. Nathans, Bryan, Prince, Patton, 
and Barker. 

The amendment was agreed to. 

The Section as amended was adopted. 

Sections 7 and 8 were adopted as amended. 

Section 9. Mr. MOWER moved to amend as follows : Strike out all 
after the “ proper ” on line 4 and insert the following : “ The General 
Assembly shall provide by law for the thorough examination and in¬ 
spection of all the banking and fiscal corporations of this State 
which, was agreed to. 

Section 9 was adopted as amended. 

Sections 10, 11, 12, 13, 14, 15, 16 and 17 were adopted as amended 
on the second reading. 

Section 18. Mr. W. J. MONTGOMERY moved to amend as fol¬ 
lows : Strike out all after the word “ then,” on line 3, and insert the 
following : “ Provided, That the stockholders in banks or banking- 
institutions shall be liable to the amount of their respective share or 
shares, and five per cent, thereof in addition, for all of its debts and 
liabilities upon note, bill or otherwise.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 661 


Mr. MONTGOMERY spoke in support of his proposed amend¬ 
ment. 

Debate was continued by Mr. Gage. 

Mr. OTTS moved to lay the amendment on the table. 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 73 ; nays, 25. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Anderson, Ashe, Atkinson, Austin, Barry, Barton, Behre, Bellinger, 
Breazeale, Bryan, Buist, Burn, Carver, DeHay, Dennis, Derham, 
Douglass, Efird, W. D. Evans, Field, Eraser, Gage, Gamble, Garris, 
J, L. Glenn, J. P. Glenn, Graham, Gunter, Hamel, Harris, Hay, 
Hemphill, Wm. Henderson, T. E, Johnson, Wilie Jones, E. J. Ken¬ 
nedy, Lee, McCaslan, McCown, McDermotte, McGowan, McKagen, 
McMahan, McMakin, Me White, Miller,' Moore, Morrison, Murray, 
Nicholson, Otts, Patterson, Patton, Prince, I. R. Reed, Rosborough, 
Rowland, Singletary, Smalls, A. J. Smith, Jeremiah Smith, W. C. 
Smith, Sullivan, Talbert, Taylor, B. R. Tillman,'G. D. Tillman, 
Watson, Whipper, Wiggins, and Woodward.—73. 

Those who voted in the negative are : 

Nays—Messrs. Barker, Bowen, Cooper, Dudley, Ellerbe, Gooding, 
Harrison, Haynsworth, D. S. Henderson, Henry, Howell, Hutson, 
George Johnstone, Ira B. Jones, Klugh, J. D. Montgomery, W. J. 
Montgomery, Nathans, J. H. Read, R. F. Smith, Stribling, Wharton, 
A. H. White, S. E. White, and Stanyarne Wilson.—25. 

Sections 18, 19 and 20 as amended were adopted. 

Section 21. Mr. IRA B. JONES offered the following to be known 
as Section 21 : 

No right of way shall be appropriated to the use of any corporation until 
full compensation therefor shall be first made or secured by a deposit of 
money to the owner, irrespective of any benefit from any improvement 
proposed by such corporation, which compensation shall be ascertained by a 
jury of twelve men in a Court of record as shall be prescribed by law. 

Which was agreed to and adopted as Section 21. 

Mr. GEORGE JOHNSTONE moved to reconsider the vote whereby 
Section 2 was adopted ; which was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend as follows : 

Provided, That the General Assembly may, by a two-thirds vote on a 
concurrent resolution, allow a Bill for a special charter to be introduced, 
and when so introduced may pass the same as other Bills. 

Which was agreed to. 




662 


JOURNAL OF PROCEEDINGS, 


Section 2 as amended was adopted. 

The question being upon the adoption of the entire Article, 

Mr. BARKER moved to indefinitely postpone the whole Article. 

Mr. BARKER addressed the Convention in support of his motion. 

Debate was continued by Mr. Stanyarne Wilson. 

The Article was read the third time, adopted and referred to the 
Committee on Order, Style and Revision. 

No. 65, an ordinance to provide for the payment of the per diem 
and mileage of the delegates, officers and employees of the Convention, 
and to require the General Assembly to make additional appropriation 
to pay the same. 

Mr. W. I). EVANS offered the following as a substitute : 

Section 1 . That the amount of thirty thousand dollars, if so much be 
necessary, in addition to the thirty thousand dollars appropriated by the 
last General Assembly, be, and is hereby, appropriated to pay the per diem 
and mileage of the delegates, officers and employees of the Convention, and 
other necessary expenses. 

Section 2. That the Governor and State Treasurer be, and they are here¬ 
by, authorized to borrow money sufficient to meet this additional appropria¬ 
tion, and to pay it out upon the warrants of the Comptroller-General, or 
upon the warrants issued by the Secretary of this Convention and counter¬ 
signed by the President. 

Section 3. That the General Assembly is hereby required and directed at 
its next session to make an appropriation sufficient to pay the amount of 
money the State Treasurer is herein authorized to borrow for the payment 
of the balance of the per diem and mileage of the delegates, officers and 
employees of the Convention, and other necessary expenses, after the ex¬ 
haustion of the thirty thousand dollars already appropriated by the General 
Assembly. 

The substitute was read the third time, adopted and ordered re¬ 
ferred to the Committee on Order, Style and Revision. 

No. 66, an ordinance to provide for the payment of the interest on 
the public debt of the State of South Carolina and to require the Gen¬ 
eral Assembly to make appropriation for that purpose. 

Mr. W. D. EVANS offered the following substitute, which was read 
the third time, adopted and ordered to the Committee on Order, Style 
and Revision : 

Section 1. That the Governor and State Treasurer be, and they are hereby, 
authorized to make arrangements for the payment of the semi-annual inter¬ 
est due on the public debt of the State on the first day of January, A. D. 
1896, and if necessary, in anticipation of the collection of taxes, they are 
hereby authorized to borrow for that purpose a sum not exceeding $160,000. 

Section 2. That the General Assembly at its next session is hereby re¬ 
quired and directed to make an appropriation for the payment of the said 
debt. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 663 


No. 63, an Article relating to eminent domain. 

Was read the third time, adopted and ordered referred to the Com¬ 
mittee on Order, Style and Revision. 

No. 48, an ordinance relating to the age of consent. 

Was read the third time, adopted and ordered referred to the Com¬ 
mittee on Order, Style and Revision. 

REPORTS OF STANDING COMMITTEES. 

Mr. DUDLEY, for Committee on Engrossed Resolutions and Ordi¬ 
nances, to whom was referred No. 65, “An Ordinance to provide for the 
payment of the per diem and mileage of the delegates, officers and 
employees of the Convention and other necessary expenses, and to 
require the General Assembly to make additional appropriation to pay 
the same,” beg leave to report that the same has been correctly en¬ 
grossed and revised. 

Which was received as information. 

Mr. DUDLEY, for Committee on Engrossed Resolutions and Ordi¬ 
nances, to whom was referred No. 66, “An Ordinance to provide for 
the payment of the interest on the public debt of the State of South 
Carolina, and to require the General Assembly to make appropriation 
for that purpose,” beg leave to report that the same has been correctly 
engrosed and revised. 

Which was received as information. 

M. DUDLEY, for the Committee on Engrossed Resolutions and 
Ordinances, to whom was referred No. 63, an Article relating to 
eminent domain, beg leave to report that the same has been correctly 
engrossed and revised. 

Which was received as information. 

Mr. W. J. MONTGOMERY submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred No. 10, an Article relating to the Legislative Department, beg 
leave to report that the same has been correctly engrossed and revised. 

W. J. MONTGOMERY, 

For Committee. 

Which was received as. information. 

No. 67, Judicial Department, reporting schedule, was read the 
second time and ordered engrossed for a third reading to-morrow. 

No. 70, resolution in regard to paying the State Printer, was read 
the second time and ordered engrossed for a third reading to-morrow. 

No. 67, proposed amendment by Mr. Fraser to Judicial Depart¬ 
ment, reporting schedule : 

1. This Constitution shall not operate to repeal any ordinance passed and 
ratified by this Convention. 



664 


JOURNAL OP PROCEEDINGS, 


2. At all elections held for members of the General Assembly in case of 
a vacancy, or for any other office, State, County or municipal, the qualifi¬ 
cations of electors shall remain as they were under the Constitution of 
1868 until the 1st day of November, 1896, A. D. 

Mr. STANYARNE WILSON, for the Steering Committee, submit¬ 
ted the following report, which was considered immediately and 
agreed to : 

The order and conduct of business for the remainder of the session shall 
be as follows: 1. For November 25th, No. 67, thirty minutes; No. 64, one 
hour; Nos. 50, 57, 59, 68, 69 and 70, one hour and thirty minutes; No. 12, 
thirty minutes; No. 41, two hours; No. 10, two hours; No. 34, thirty min¬ 
utes; No. 42, one hour; No. 48, thirty minutes; No. 63, thirty minutes, or so 
much of such periods as shall be necessary. 

2. For Nov. 26th, No. 64, thirty minutes; No. 67, thirty minutes, if so 
much be necessary, and so much of the remainder of the day as may be 
necessary for the unfinished business of the Convention. 

Respectfully submitted, 

STANYARNE WILSON, Chairman. 

Nov. 23rd, 1895, 

On motion of Mr. STANYARNE WILSON, at 10:45 P. M., the 
Convention adjourned until 9:30 A. M. to-morrow. 


FIFTY-SIXTH DAY. 


Monday, November 25, 1895. 


The Convention assembled at 9:30 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 
LEAVES OF ABSENCE. 


Balance of week, to Mr. Dent. 









SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 665 


ACCOUNT. 

Mr. FIELD presented the following account, which was read the 
first time and referred to the Committee on Contingent Accounts: 

State of South Carolina 

To W. H. Macfeat, I)r. 

Taking stenographically Senator B. R. Tillman’s speech on suffrage 
before Constitutional Convention, and making typewritten tran¬ 


script of same, twenty-five dollars.$25 00 

Total.$25 00 


Personally appeared before me W. H. Macfeat and made oath that the 
above account of twenty-five dollars is just and correct, and no part of the 
same has been paid. 

W. H. MACFEAT. 

Sworn to before me this 26th day of November, 1895. 

D. H. TOMPKINS, [L. S.] 

Notary Public. 

REPORTS OF STANDING COMMITTEES. 

Mr. McCOWN submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred No. 34, “ An Article relating to the Declaration of Rights,” beg 
leave to report that the same has been correctly engrossed and revised. 

R. M. McCOWN, 

For Committee. 


Received as information. 

Mr. McCOWN submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred No. 42, “An Article relating to Judicial Department,” beg leave 
to report that the same has been correctly engrossed and revised. 

R. M. McCOWN, 

For Committee. 


Received as information. 

Mr. McCOWN submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom was 
referred No. 70, “A Resolution in regard to paying the State Printer,” beg 
leave to report that the same has been correctly engrossed and revised. 

R. M. McCOWN, 

For Committee. 


Which was received as information. 







666 


JOURNAL OF PROCEEDINGS, 


SECOND READINGS. 

No. 64, report of the Committee on Counties and County Govern¬ 
ment. (Mr. Austin for Committee.) 

Mr. W. B. WILSON oifered the following to be added to the end 
of the ordinance after the word “ River,” on line 23 : 

Nor shall anything contained in Section 3 of said Article on Counties and 
County Government apply to prevent the formation of a new County 
embracing within its limits the city of Rock Hill, with an area of not less 
than three hundred square miles, and having a population of not less than 
sixteen thousand inhabitants, and property assessed for taxation at not less 
than two and a half millions of dollars, and the County seat of such new 
County shall defray the cost of building a County court house and jail. 

Mr. W. B. WILSON spohe in support of his proposed amendment. 

Debate was continued by Messrs. Brice, S. E. White and Stanyarne 
Wilson. 

Mr. R. F. SMITH introduced the following : 

Nor shall anything in Section 3, Article on Counties and County Govern¬ 
ment, prevent the formation of the new County of Williamston, with 
three hundred square miles, provided the same has a population of not less 
than thirty-four thousand and property of the assessed value of not less 
than five million dollars. 

On motion of Mr. McGOWAN, the proposed amendment was laid 
on the table. 

No. 71, an ordinance to provide for the pay of Commissioners and 
Managers of Election. (Mr. Henry.) 

Was read the second time and ordered engrossed for a third reading 
to-morrow. 

Mr. G. D. TILLMAN moved to amend the amendment by adding: 

Provided , The General Assembly may, in its discretion, create any new 
County with an area of not less than three hundred square miles whenever 
it is shown that an area of four hundred square miles cannot be obtained, 
and upon such new County complying with all the other mandatory require¬ 
ments of this Article. 

On motion of Mr. STANYARNE WILSON, the amendment was 
laid on the table. 

The question being upon the adoption of the amendment of Mr. W. 
B. Wilson, 

Mr. McGOWAN moved to lay the proposed amendment on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 667 


The yeas and nays were requested, and are as follows : 

Yeas, 65 ; nays, 31. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Ashe, Atkinson, Austin, Barker, Behre, 
Bellinger, J. S. Brice, Bryan, Cooper, DeHay, Derham, Doyle, Far¬ 
row, Fitch, Floyd, Gage, Garris, Gary, J. L. Glenn, J. P. Glenn, 
Gooding, Harris, Harrison, ILaynsworth, Hemphill, Wm. Henderson, 
Howell, Ira B. Jones, E. J. Kennedy, Klugh, Lybrand, McDermotte, 
McGowan, McMakin, McWhite, Miller, Mitchell, W. J. Montgomery, 
Murray, Nicholson, Oliver, Otts, Parler, Patterson, Peake, Redfearn, 
Rowland, Russell, Singletary, Smalls, A. J. Smith, Jeremiah Smith, 
R. F. Smith, W. 0. Smith, Stribling, Talbert, Taylor, G. D. Tillman, 
Waters, Watson, Whipper, Wiggins, Winkler, and Woodward.—65. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Barry, Barton, Bowen, Breazeale, Buist, Burn, Carver, Dennis, Dud¬ 
ley, Field, Fraser, Gamble, Gilland, Gunter, George .Johnstone, Wilie 
Jones, McKagen, McMahan, Matthews, Meares, Moore, Sheppard, 
Shuler, Sloan, B. R. Tillman, Wells, A. H. White, S. E. White, 
Stanyarne Wilson, and W. B. Wilson.—31. 

PAIRS. 

Mr. McCASLAN stated that he was paired with Mr. Hutson, other¬ 
wise he would vote “ no.” 

Mr. EFIRD stated that he was paired with Mr. Stackhouse, other¬ 
wise he would vote “ aye.” 

Mr. CLAYTON stated that he was paired with Mr. Cantey, other¬ 
wise he would vote “aye.” 

Mr. GRAHAM stated that he was paired with Mr. F. W. Brice, 
otherwise he would vote “aye.” 

Mr. HAMEL stated that he was paired with Mr. Matthews, other¬ 
wise he would vote “no.” 

Mr. DOUGLASS stated that he was paired with Mr. Bradham, 
otherwise he would vote “ aye.” 

Mr. CARVER stated that he was paired with Mr. Cunningham, 
otherwise he would vote “ no.” 

REASONS FOR VOTING. 

I voted “no” on the motion to table the amendment excepting Rock Hill 
from the general rule for the formation of new Counties because, while 



668 


JOURNAL OF PROCEEDINGS, 


opposed to any exceptions, yet if an exception should be made for Sea- 
brook, I thought Rock Hill should be excepted also. 

J. E. BREAZEALE. 


I voted “yea” because I am not here to grant any special favors or class 
legislation in the organic law. 

WM. R. SINGLETARY. 


I voted “yea;” 1 was in favor of Seabrook County; thought a rider was 
unfair—that Rock Hill ought to stand on her merits. 

R. B. WATSON. 

The question recurring upon the adoption of the report of the 
Committee and ordering the ordinance to a third reading, 

Mr. BEHRE spoke in support of the report. 

Debate was continued by Messrs. Dennis, Mitchell, Otts, Fitch and 
Barker. 

The question being put: “Will the Convention agree thereto ?'* it 
was decided in the negative. 

The yeas and nays were requested, and are as follows ; 

Yeas, 55 ; nays, 55. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Anderson, 
Austin, Behre, Bellinger, Bowen, Bradham, Burn, Carver, Cooper, 
DeHay, Dennis, Douglass, W. D. Evans, Farrow, Field, Fitch, Floyd, 
Fraser, Gamble, Garris, Gary, Gilland, Gooding, Graham, Harrison, 
AVm. Henderson, Henry, T. E. Johnson, Wilie Jones, McCaslan, Mc- 
Cown, McMakin, Meares, Miller, Moore, Morrison, Murray, Parler, 
I. R. Reed, Rosborough, Rowland, Shuler, Smalls, A. J. Smith, 
Talbert, B. R. Tillman, Von Kolnitz, Waters, Watson, Whipper, A. 
H. White, S. E. White, W. B. Wilson, and Woodward.—55. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Atkinson, Barker, Barry, Barton, Breazeale, 
Bryan, Buist, Cantey, Clayton, Dent, Derham, Doyle, Dudley, Efird, 
Ellerbe, Gage, J. L. Glenn, J. P. Glenn, Gunter, Harris, Hemphill, 
Howell, George Johnstone, Ira B. Jones, E. J. Kennedy, Klugh, 
Lee, Lybrand, McKagen, McMahan, McWhite, Mitchell, J. D. Mont¬ 
gomery, W. J. Montgomery, Nash, Nathans, Nicholson, Otts, Patter¬ 
son, Prince, Redfearn, Russell, Sheppard, Singletary, Sloan, Jeremiah 
Smith, R. F. Smith, W. C. Smith, Stribling, G. D. Tillman, Wells, 
Wiggins, Stanyarne Wilson, and Winkler.—55. 

Mr. HEMPHILL moved to reconsider the vote whereby the Con¬ 
vention refused to order to a third reading. 

Mr. DERHAM moved to lay the motion on the table. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 669 


The question being put: “ Will the Convention agree thereto ?" it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 64; nays, 53. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Atkinson, Barker, Barry, 
Barton, Bates, Bowman, Breazeale, Bryan, Buist, Clayton, Connor, 
Dent, Derham. Douglass, Doyle, Dudley, Efird, Ellerbe, Gage, J. L. 
Glenn, Gunter, Harris, Hemphill, Houser, Howell, George Johnstone, 
Ira B. Jones, Wilie Jones, E. J. Kennedy, Klugh, Lee, Lybrand, 
McCaslan, McKagen, McMahan, Mitchell, J. D. Montgomery, W. J. 
Montgomery, Nathans, Nicholson, Otts, Parrott, Patterson, Redfearn, 
Russell, Sheppard, Sloan, Jeremiah Smith, R. E. Smith, W. C. 
Smith, Smoak, Stribling, B. R. Tillman, G. D. Tillman, Waters, A. 
H. White, Wiggins, Stanyarne Wilson, W. B. Wilson, and Wink¬ 
ler.—94. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Austin, Behre, Bellinger, Bowen, Bradham, Burn, Cantey, Carver, 
Cooper, DeHay, Dennis, W. D. Evans, Farrow, Field, Fitch, Floyd, 
Fraser, Gamble, Garris, Gary, Gilland, Gooding, Graham, Hrrrison, 
Wm. Henderson, Henry, T. E. Johnson, McCown, McMakin, Mc- 
White, Meares, Miller, Moore, Morrison, Murray, Nash, Parler, I. R. 
Reed, Rosborough, Rowland, Shuler, Smalls, A. J. Smith, Talbert, 
Taylor, Von Kolnitz, Watson, Whartou, Whipper, S. E. White, and 
Woodward.—53. 

Mr. McDERMOTTE stated that he was paired with Mr. Stokes, 
otherwise he would vote “ aye." 

No. 57, an ordinance to authorize the General Assembly to provide 
for a sinking fund in the several Counties of the State, to enable the 
same to do business on a cash basis. (Mr. Connor.) 

Mr. CONNOR moved to amend as follows : Strike out on line 2 the 
words “ one-half of." 

Mr. T. E. JOHNSON moved to lay the proposed amendment on 
the table. 

The question being put: “ Will the Convention agree thereto ?" it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 67; nays, 39. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Ashe, Atkinson, Austin, Bar¬ 
ker, Barry, Barton, Bates, Bellinger, Buist, Burn, Cantey, Carver, De- 



670 


JOURNAL OF PROCEEDINGS, 


Hay, Dennis, Dent, Douglass, Dudley, Efird, Ellerbe, Field, Fraser, 
Gage, Gamble, Gilland, J. L. Glenn, Graham, Gunter, Hamel, Har¬ 
ris, Harrison, D. S. Henderson, Henry, T. E. Johnson, George John¬ 
stone, Ira B. Jones, E. J. Kennedy, J. W. Kennedy, Lybrand, Mc¬ 
Gowan, McMakin, Meares, Mitchell, W. J. Montgomery, Moore, Mor¬ 
rison, Nathans, Nicholson, Oliver, Parrott, Peake, Redfearn, I. R. 
Reed, Rogers, Rosborough, Rowland, Shuler, Strihling, Talbert, Tay¬ 
lor, Waters, Watson, Wells, A. H. White, Wiggins, and Wood¬ 
ward.—67. 

Those who voted in the negative are : 

Nays—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Bowen, Bowman, Breazeale, Bryan, Clayton, Connor, Derham, J. P. 
Glenn, Gooding, Houser, Klugh, Lowman, McCaslan, McDermotte, 
McKagen, McMahan, Me White, J. D. Montgomery, Nash, Otts, Par- 
ler. Prince, Russell, Singletary, A. J. Smith, Jeremiah Smith, R. F. 
Smith, W. C. Smith, Smoak, B. R. Tillman, G D. Tillman, Von 
Kolnitz, Wharton, Whipper, S. E. White, Stanyarne Wilson, and 
W. B. Wilson.—39. 

Mr. T. E. JOHNSON moved to lay the amendment on the table. 

The question being put: “ Shall this ordinance be engrossed for a 
third reading ?” 

Messrs. GEORGE JOHNSTONE, CONNOR and MEARES spoke 
upon the matter. 

Mr. MEARES moved to indefinitely postpone the ordinance. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 45; nays, 56. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Ashe, Atkinson, Austin, Barker, Barton, Bates, Buist, Burn, Carver, 
Cooper, DeHay, Dennis, Dent, Derham, Douglass, Dudley, W. D. 
Evans, Gage, J. L. Glenn, Henry, Ira B. Jones, Wilie Jones, Ly¬ 
brand, Meares, Miller, J. D. Montgomery, W. J. Montgomery, Moore, 
Nathans, Nicholson, Oliver, Otts, Parrott, Redfearn, Rosborough, 
Strihling, Talbert, Watson, Wells, A. IP. White, Wiggins, Stanyarne 
Wilson, andW. B. Wilson.—45. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Barry, Bowen, Bowman, Bradham, 
Breazeale, Cantey, Clayton, Connor, Doyle, Efird, Farrow, Field, 
Gamble, Gary, J. P. Glenn, Graham, Gunter, Hamel, Harris, Harri¬ 
son, Hemphill, D. S. Henderson, Wm. Henderson, Houser, Howell, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 671 


T. E. Johnson, George Johnstone, J. W. Kennedy, Klngh, Lee, 
Lowman, McCown, McGowan, McKagen, McMahan, McMakin, Me- 
White, Mitchell, Nash, Parler, Rowland, Russell, Sheppard, Shuler, 
Singletary, Sloan, A. J. Smith, Jeremiah Smith, Smoak, Taylor, 
B. R. Tillman, G. D. Tillman, Waters, Wharton, andS E. White.—56. 

Mr. BOWMAN moved to amend as follows: Section 1, line 4, by 
inserting after the word “ invested ” the words “paid out.” 

Mr. BOWMAN spoke in support of his amendment. 

The amendment was agreed to. 

Mr. W. B. WILSON moved to lay the ordinance on the table. 

The question being put: “ Will the Convention agree thereto ?” 

it was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 46 ; nays, 50. 

"Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Ashe, Atkinson, Austin, Barker, Barry, Barton, Bates, Bowen J. S. 
Brice, Burn, Carver, Dennis, Douglass, Doyle, W. D. Evans, Field, 
Gage, Garris, J. L. Glenn, Gunter, Wm. Henderson, Ira B. Jones, 
Wilie Jones, E. J. Kennedy, Lybrand, McMakin, Meares, J. D. 
Montgomery, Nathans, Nicholson, Oliver, Otts, Parrott, Redfearn, 
Rosborough, Waters, Watson, Wells, A. H. White, Wiggins, Stan- 
yarne Wilson, W. B. Wilson, and Woodward.—46. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Bowman, Bradham, Breazeale, Cantey, 
Clayton, Connor, Cooper, Efird, Floyd, Fraser, Gamble, Gary, J. P. 
Glenn, Graham, Hamel, Harris, Harrison, Hemphill, D. S. Hender¬ 
son, Houser, Howell, T. E. Johnson, George Johnstone, J. W. Ken¬ 
nedy, Klugh, Lee, Lowman, McCaslan, McGowan, McKagen, Mc¬ 
Mahan, McWhite, Miller, Mitchell, Nash, Russell, Sheppard, Shuler, 
Singletary, Sloan, A. J. Smith, Jeremiah Smith, Smoak, Stribling, 
Taylor, B. R. Tillman, G. D. Tillman, Wharton, andS. E. White.—50. 

Mr. MEARES moved to amend Section 1, line 1, by striking out 
the word “shall” and inserting the word “may;” which was agreed 
to. 

The ordinance as amended was read the second time, adopted and 
ordered engrossed for a third reading to-morrow. 

No. 59, an ordinance to provide an alphabetical index and marginal 
notes to the Constitution and ordinances of the Constitutional Con¬ 
vention of 1895. (Mr. Dudley.) 







672 


JOURNAL OF PROCEEDINGS, 


Mr. STANYARNE WILSON moved the following as a substitute 
for the ordinance, which was considered immediately and agreed to : 

“ Section 1. That C. M. Efird is hereby authorized and appointed to pre¬ 
pare a complete and alphabetical index, with marginal notes, of the Con¬ 
stitution and ordinances adopted by this Convention and to form a part of 
the Constitution and ordinances when printed; and that he receive as com¬ 
pensation therefor fifty dollars, the sum to be paid him by the State Trea¬ 
surer upon warrant of the Comptroller General.” 

The substitute was read a second time, adopted and ordered en- 
grossod for a third reading to-morrow. 

No. 68, an ordinance to provide for the transfer of the State Gov¬ 
ernment from the old Constitution to the new Constitution adopted 
in this Convention. (Unfavorable.) (Mr. Stanyarne Wilson for 
Committee.) 

On motion of Mr. STANYARNE WILSON, was laid on the table. 

No. 12, Article IX of the Constitution as proposed by the Com¬ 
mittee on Finance and Taxation. (Mr. W. D. Evans, Chairman.) 

Section 3. Mr. JEREMIAH SMITH moved to amend Section 3 by 
inserting after the word “ year,” on line 2, the following : “ including 
jurors’, witnesses’ and Court Constables’ pay certificates in criminal 
Courts and all fees and salaries for dieting prisoners and holding in¬ 
quests, and of officers for services in criminal cases.” 

After debate by Messrs. Jeremiah Smith, W. B. Wilson, Ira B. 
Jones, Bellinger and Stanyarne Wilson, 

Mr. STANYARNE WILSON moved to lay the proposed amend¬ 
ment on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas^ 75 ; nays, 38. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Ashe, Atkin¬ 
son, Austin, Barker, Barry, Barton, Bates, Behre, Bowman, Breazeale, 
J. S. Brice, Bryan, Buist, Cantey, Carver, Clayton, Connor, Cooper, 
DeHay, Dennis, Dent, Douglass, Dudley, Efird, Eilerbe, Farrow, Fitch, 
Gage, Garris, Gary, J. L. Glenn, J. P. Glenn, Graham, Gunter, Harris, 
Hemphill, D. S. Henderson, Henry, Houser, Howell, T. E. Johnson. 
Wilie J ones, J. W. Kennedy, Klugh, Lowman, McCaslan, McGowan, 
McKagen, McMakin, Meares, W. J. Montgomery, Moore, Morrison, 
Nash, Nathans, Nicholson, Oliver, Prince, Rosborough, Shuler, Sin¬ 
gletary, Sloan, A. J. Smith, Smoak, B. R. Tillman, Von Kolnitz, 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 673 

"Waters, AYatson, Wells, A. H. White, S. E. White, AViggins, Stan- 
yarne Wilson, and AV. B. AVilson.—75. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Alexander, Anderson, Bellinger, Bowen, 
Burn, Derham, Doyle, AV. D. Evans, Field, Floyd, Fraser, Gamble, 
Gooding, Hamel, Harrison, AVm. Henderson, Ira B. Jones, McCown, 
McDermotte, McMahan, McAVhite, Miller, J. D. Montgomery, Otts, 
Parler, Parrott, 1. R. Reed, Rogers, Smalls, Jeremiah Smith, R. F. 
Smith, AV. 0. Smith, Stribling, Talbert, Taylor, G. D. Tillman, 
and Winkler.—38. 

PAIRED. 

Mr. E. J. KENNEDY stated that he was paired with Mr. Lee, 
otherwise he would vote “ no.” 

Section 3 was then adopted as amended. 

Section 4 was adopted as amended. 

Section 5. Mr. BATES moved to amend as follows, by adding to 
the end of the Section : 

“ And there shall further be exempt from taxation property to the assessed 
value of five hundred dollars to every widow who has a family dependent 
upon her for support, and to every Confederate soldier who lost a limb or 
is disabled by injuries received while serving 1 in the late war: Provided, 
Such widow or soldier does not own property exceeding 1 in assessed value 
one thousand dollars.” 

The pending question being the proposed amendment, 

Mr. BATES having the floor, the Convention, at 2 P. M., receded 
from business until 4 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 4 P. M. 

UNFINISHED BUSINESS. 

No. 12, Article IX of the Constitution as proposed by Committee 
on Finance and Taxation. (Mr. AV. D. Evans.) 

Mr. BATES moved to reconsider the vote whereby Section 4 was 
adopted ; which was agreed to. 

Mr. BATES offered his amendment printed in the Journal this 
morning, and purporting to be to Section 5, as an amendment to Sec¬ 
tion 4. 

43—500 



JOURNAL OF PROCEEDINGS, 


674 


Mr. BATES spoke in support of bis proposed amendment. 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 38 ; nays, G2. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Ashe, Austin, Barker, Barton, 
Bates, Bellinger, Bradham, Breazeale, T. W. Brice, Buist, Cantey, 
Douglass, Doyle, Efird, Ellerbe, Farrow, Fitch, Hamel, Howell, Ira 
B. Jones, J. W. Kennedy, McCaslan, McKagen, McMahan, Me White, 
Moore, Murray, Parler, Patterson, Rosborough, Russell, W. C. Smith, 
Waters, Watson, S. E. White, and W. B. Wilson.—38. 

Those who voted in the negative are : 

Kays—Hon. John Gary Evans, President, and Messrs. Anderson, 
Atkinson, Bowen, Bowman, Bryan, Carver, Clayton, Cooper, Dudley, 
W. D. Evans, Field, Fraser, Gage, Garris, Gary, J. L. Glenn, J. P. 
Glenn, Gooding, Graham, Harris, Harrison, Hemphill, D. S. Hender¬ 
son, Wm. Henderson, Henry, Houser, T. E. Johnson, George John¬ 
stone, E. J. Kennedy, Klugh, Lee, bowman, McCown, McDermotte, 
McGowan, Meares, Mitchell, J. D. Montgomery, W. J. Montgomery, 
Nash, Nicholson, Otts, Parrott, Peake, Prince, Rogers, Rowland, 
Sheppard, Shuler, Singletary, Sligh, A. J. Smith, Jeremiah Smith, R. 
F. Smith, Stribling, Taylor, G. D. Tillman, Wells, A. H. White, 
Winkler, and Woodward.—62. 

Section 4 was adopted as amended. 

Section 5. Mr. BELLINGER moved to amend as follows : After 
the word “ same ” on line 4 insert the following : 

“ All shares of the stockholders in any bank or banking association 
located in this State, whether now or hereafter incorporated or organized 
under the laws of this State or of the United States, shall be listed at their 
true value in money, and taxed for municipal purposes in the city, ward, 
town or incorporated village where such bank is located, and not elsewhere: 
Provided, That the words ‘ true value in money ’ as used in line 3 of this 
Section shall be so construed as to mean and include all surplus or extra 
moneys, capital and every species of personal property of value owned or 
in the possession of any such bank.” 

Mr. BELLINGER spoke in support of his amendment. 

Debate continued by Messrs. Prince, Aldrich and Rogers. 

The question being put : “Will the Convention agree thereto?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 63 ; nays, 51, 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 67 5 


Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Alexander, 
Barton, Bates, Bellinger, Bowman, Bradham, Oantey, Carver, Clay¬ 
ton, Connor, Cooper, DeHay, Dennis, Doyle, Ellerbe, W. D. Evans, 
Floyd, Gamble, Garris, J. P. Glenn, Graham, Gunter, Hamel, Wm. 
Henderson, Houser, T. E. Johnson, George Johnstone, Ira B. Jones, 
Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Lowman, McCown, 
McKagen, McMahan, McMakin, Me White,* Meares, J. D. Montgom- 
ery, Murray, Otts, Parrott, Patterson, Rogers, Rosborough, Rowland, 
Russell. Shuler, Sligh, A. J. Smith, Jeremiah Smith, Smoak, Strib- 
ling, Talbert, Taylor, Waters, Wiggins, Stanyarne W ilson, W. B. 
Wilson, Winkler, and Woodward.—63. 

Those who voted in the negative are : 

Kays—Messrs. Aldrich, Anderson, Ashe, Atkinson, Barker, Bowen, 
Breazeale, J. S. Brice, T. W. Brice, Buist, Douglass, Dudley, Efird, 
Farrow, Field, Fraser, Gage, Gary, J. L. Glenn, Gooding, Harris, 
Harrison, Hemphill, D. S. Henderson, Henry, Howell, Wilie Jones, 
Lee, McCaslan, McGowan, Mitchell. W. J. Montgomery, Moore, 
Nash, Nathans, Nicholson, Peake, Prince, I. R. Reed, Sheppard, 
Singletary, Sloan, R. F. Smith, W. C. Smith, G. D. Tillman, Von 
Kolnitz, Wells, Wharton, Whipper, A. H. White, and S. E. White.—51. 

Mr. BELLINGER moved to reconsider the vote whereby the 
amendment was adopted and to lay that motion on the table ; which 
was agreed to. 

Mr. BARKER moved to amend by adding the following: “Pro¬ 
vided , That whenever the stockholders are taxed on their shares of 
capital stock in the bank the bank shall not be required to pay taxes 
on its property or capital. ” 

Mr. BELLINGER moved to lay the amendment on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 65 ; nays, 49. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Anderson, 
Bates, Bellinger, Bowen, Bowman, Bradham, Breazeale, Buist, Can- 
tey, Carver, Clayton, Connor, Cooper, DeHay, Dennis, Efird, W. D. 
Evans, Field, Floyd, Gamble, Garris, Gary, J. P. Glenn, Graham, 
Gunter, Hamel, Wm. Henderson, Henry, T. E. Johnson, Ira B. 
Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Lowman, Mc- 
Cown, McKagen, McWhite, Meares, Miller, J. D. Montgomery, Otts, 
Parrott, Patterson, I. II. Reed, Rogers, Rosborough, Russell, Shuler, 





670 


JOURNAL OF PROCEEDINGS, 


Singletary, Sligh, Smalls, A. J. Smith, Jeremiah Smith, Smoak. Tal¬ 
bert, Taylor, G. 1). Tillman, Waters, A. H. White, W. B. Wilson, 
Winkler, and Woodward.—65. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Ashe, Atkinson, Austin, Barker, Barton, 

T. W. Brice, Bryan, Douglass, Doyle, Dudley, Ellerbe, Farrow, 
Fraser, Gage, J. L. Glenn, Gooding, Harris, Harrison, Hemphill, D. 

S. Henderson, Howell, George Johnstone, Wilie Jones, Lee, McCas- 
lan, McGowan, McMahan, Mitchell, W. J. Montgomery, Moore, 
Nathans, Nicholson, Parler, Peake, Prince, Sheppard, Sloan, R. F. 
Smith, W. C. Smith, Stribling, Von Kolnitz, Watson, Wells, Whar¬ 
ton, Whipper, S. E White, Wiggins, and Stanyarne Wilson.—49. 

Mr. PRINCE moved to amend as follows : “Provided, A like rule 
of taxation shall apply to the stockholders of all corporations other . 
than banking institutions which was agreed to. 

The Section as amended was adopted. 

Mr. BELLINGER moved to reconsider the vote whereby the Con¬ 
vention had adopted Section 5, and to lay that motion on the table ; 
which was agreed to. 

Section 6. Mr. BELLINGER moved to amend line 5 by striking- 
out the word “ heretofore which was agreed to. 

The Section as amended was adopted. 

Section 7. Mr. T. E. JOHNSON moved to amend by adding at 
the end of the Section the words “ railroads are not to be included in 
the term public roads. ” 

Mr. W. D. EVANS moved to lay the amendment on the table; 
which was agreed to. 

The Section was then adopted. 

Sections 8, 9, 10, 11 and 12 were adopted as amended. 

Mr. AY. D. EVANS offered the following to be known as Section 
13 : 

“Section 13. The General Assembly shall provide for the assessment of 
all property for taxation; and State, County, township, school district, 
municipal and all other taxes shall be levied on the same assessment, which 
shall be that made for State taxes; and the taxes for the subdivisions of 
the State shall be levied and collected by the respective iiscal authorities 
thereof.” 

Which was agreed to. 

The substitute was adopted as Section 13. 

Mr. ROGERS moved the following to be known as Section 14 : 

“ The General Assembly shall provide by suitable legislation for the 
exemption of all real estate on which a mortgage exists from taxation to 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. G77 


the extent of the proportion that mortgage debt bears to the value of the 
property.” 

After debate by Messrs. AV. D. Evans, Rogers, Ira B. Jones and 
Stanyarne AVilson, 

Mr. ROGERS asked and obtained permission to withdraw his pro¬ 
posed amendment. 

The Article as amended, having been read three times, was ordered 
referred to the Committee on Order, Style and Revision. 

No. 41, report of the Committee on Education. (Mr. Mitchell for 
Committee.) 

Leave of absence was granted to Mr. Keitt until Monday evening 
next. 

The pending question being the proposed amendment of Air. E. J. 
Kennedy to Section 12, at 0 P. M. the Convention receded from busi¬ 
ness until 7:30 P. AI. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

No. 41, report of the Committee on Education. (Mr. Alitchell for 
Committee.) 

The pending question being the proposed substitute for Section 12 
of Mr. E. J. Kennedy, printed in the Journal of Wednesday, Novem¬ 
ber 20, page 10. 

Mr. E. J. KENNEDY spoke in support of his proposed substitute. 

Debate was continued by Messrs. 

Air. 13. R. TIL LAI AN offered the following as a substitute for the 
substitute proposed by Mr. E. J. Kennedy : 

Section 12. All the net income to be derived by the State from the sale 
or license for the sale of spirituous, malt, vinous and intoxicating liquors 
and beverages, not including so much thereof as is now or may hereafter 
be allowed by law to go to the Counties and municipal corporations of the 
State, shall be applied annually in aid of the supplementary taxes provided 
for in the sixth Section of this Article; and if after said application there 
should be a surplus, it shall be devoted to public school purposes and ap¬ 
portioned as the General Assembly may determine: Provided, however, 
That the said supplementary taxes shall only be levied when the profits 
aforesaid and from the sale or license for the sale of alcoholic liquors or 
beverages are not sufficient to meet and equalize the deficiencies for which 
the said supplementary taxes are provided. 

Mr. HEMPHILL moved to strike out Section 12. 

Mr. ROGEIRS moved to lay the motion on the table ; which was 
agreed to. 



678 


JOURNAL OF PROCEEDINGS, 


The question being upon the substitute proposed by Mr. B. R. Till¬ 
man, 

The question being put : “ Will the Convention agree thereto ?’ 

it was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 95 ; nays, 28. 

. Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Atkinson, Barker, Barry, Barton, Bellinger, Bowen, 
Bradham, Breazeale, J. S. Brice, T. W. Brice, Bryan, Burn, Cantey, 
Carver, Clayton, Cooper, DeHay, Dennis, Douglass, Dudley, Efird, 
W. D. Evans, Field, Fitch, Floyd, Fraser, Gamble, J. L. Glenn, J. 
P. Glenn, Gooding, Graham, Gunter, Hamel, Harris, Harrison, D. S. 
Henderson, Wm. Henderson, Henry, Howell, Hutson, T. E. John¬ 
son, George Johnstone, Ira B. Jones, Wilie Jones, Keitt, J. W. Ken¬ 
nedy, Klugh, Lee, Lowman, Lybrand, McCaslan, McCown, McDer- 
motte, McGowan, McKagen, McMahan, McMakin, Meares, Mitchell, 
J. D. Montgomery, W. J. Montgomery, Moore, Mower, Murray, Nash, 
Nathans, Nicholson, Otts, Parler, Parrott, Patterson, Patton, Prince, 
Rogers, Rosborough, Rowland, Russell, Sheppard, Sloan, A. J. Smith, 
W. C. Smith, Talbert, B. R. Tillman, G. D. Tillman, Von Kolnitz, 
Waters, Wharton, Wiggins, Stanyarne Wilson, W. B. Wilson, and 
Woodward.—95. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Austin, Bates, Bowman, Buist, Connor, 
Doyle, Gage, Gary, Hemphill, Hiers, Houser, E. J. Kennedy, Miller, 
I. R. Reed, Shuler, Sligh, Smalls, Jeremiah Smith, Smoak, Stribling, 
Taylor, Timmerman, Watson, Wells, Whipper, A. H. White, and 
Winkler.—28. 

Mr. MITCHELL moved to reconsider the vote whereby the Conven¬ 
tion adopted the substitute, and to lay that motion on the table ; 
which was agreed to. 

Mr. MITCHELL moved to amend on line 2, Section 2, printed 
Bill, by striking out the word “additional” and inserting the word 
“ otherwhich was agreed to. 

Also, on line 1, Section 3, printed Bill, strike out the word “ offi¬ 
cial” and insert the word “officers;” which was agreed to. 

Also, on line 7, Section 4, printed Bill, strike out the word “for” 
and insert the word “ofwhich was agreed to. 

Also, on line 8, Section 4, printed Bill, strike out the word “to” 
and insert the word “ shallwhich was agreed to. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 679 


Also, on line 4, Section 5, printed Bill, after the word “bound¬ 
aries ” strike out the words “ as large creeks, etc.;” which was agreed to. 

Also, on line 6, Section 5, printed Bill, strike out the words “the 
limit," and insert the words “ this limitation of area;” which was 
agreed to. 

Also, strike out on line 9, Section 5, printed Bill, the word “issu¬ 
ance” and insert the word “ issue ;” which was agreed to. 

Also, on line 14, Section 5, printed Bill, between the words “divi¬ 
sion” and “ and, ” insert the words “of the Counties and school dis¬ 
tricts ;” which was agreed to. 

Also, on line 14, Section 5, printed Bill, strike out the word “to” 
and insert the word “ shall ;” which was agreed to. 

Also, on line 7, Section 6, printed Bill, strike out the word “his” 
and insert the word “ the which was agreed to. 

Also, on line 9, Section 6, printed Bill, before the word “ notify,” 
insert the following words : “ the officer or officers charged by law 
with making said apportionment shall ;” which was agreed to. 

Also, on line 9, Section 6, printed Bill, after the word “ school ” 
insert the word “ district;” which was agreed to. 

Also, on lines 9 and 10, Section 6, printed Bill, strike out the words 
“who shall be qualified voters and taxpayers of the school district, 
districts ;” which was agreed to. 

Also, on line 12, Section 6, printed Bill, after the word “selected” 
insert the following words : “ from the qualified voters and taxpayers 
therein ;” which was agreed to. 

Also, on line 21, Section 6, printed Bill, change the word “ Board ” 
to “ Boards;” which was agreed to. 

Also, on line 32, Section 6, printed Bill, after the word “ Counties” 
insert the following words : “ in proportion to the respective deficien¬ 
cies thereinwhich was agreed to. 

Also, on line 35, Section 6, printed Bill, change the word “ Board ” 
to ‘ ‘ Boards ;” which was agreed to. 

Also, at the end of Section 6, add the following words : “Any 
school district may by authority of the General Assembly levy an ad¬ 
ditional tax for the support of its schools ;” which was agreed to. 

Also, on line 3, Section 7, printed Bill, strike out the worcl “op¬ 
posite” and insert the word “other” in lieu thereof;” which was 
agreed to. 

Also, on line 6, Section 8, printed Bill, strike out the words “ Na¬ 
tional Government” and insert the words “Congress of the United 
States ;” which was agreed to. 



680 


JOURNAL OF PROCEEDINGS, 


Also, on line 8, Section 8, printed Bill, strike out the words 
“ divorce entirely ” and insert the words “wholly separate;” which 
was agreed to. 

Also, amend by making Section 4 Section 2, Section 2 Section 3, 
Section 3 Section 4 ; which was agreed to. 

Section 9. Mr. BARKER moved to amend as follows: By adding 
on line 6, after the word “organization,” the following : “ Provided, 
Nothing shall interfere with or affect the existing or any future 
arrangement or agreement of the city of Charleston as to the Charles¬ 
ton Orphan House and the Catholic Orphan Asylum.” 

Mr. B ARKER spoke in support of his amendment. 

Debate continued by Messrs. Moore and W. D. Evans. 

On motion of Mr. W. D. EVANS, the amendment was laid on the 
table. 

Mr. W. D. EVANS moved to amend same Section, line 5, by in¬ 
serting the word “hospital” between the words “school” and “Or¬ 
phan House ;” which was agreed to. 

Mr. E. J. KENNEDY moved to amend Section 12 as follows : 

Amend Section 12 by adding to the end of the Section the following: 
Also all waste and unappropriated lands belonging to the State, which 
terms shall include marsh and tide water lands, but not the phosphate roy¬ 
alty or phosphate deposits, and the income to be derived from said lands bv 
leasing them shall be set apart and be and remain forever a perpetual 
school fund for the support of the public schools of this State. All funds 
to be derived from the sale of the aforesaid lands, if the General Assembly 
should ever deem it advantageous to sell the same, shall be securely in¬ 
vested, and the interest alone shall be appropriated, and all the income to 
be derived from said lands shall be applied in aid of the supplementary tax 
provided for in the 6th Section of this Article; and if after said application 
there shall be a surplus it shall be apportioned as the General Assembly 
shall prescribe. 

Mr. ROGERS moved to lay the amendment on the table ; which 
was agreed to. 

Section 4. Mr. W. J. MONTGOMERY moved to amend as fol¬ 
lows : By striking out on line 2 the word “four” and inserting the 
words “ not exceeding seven ;” which was agreed to. 

Also, to amend line 7 by striking out all after “ law ” and inserting 
the words “ the traveling expenses for the persons to be appointed 
shall be provided for by the General Assembly ;” which was agreed to. 

Also, Section 6, amend on line 7 : after the word “ the” strike out 
the word “number” and insert the words “average attendance.” 

Mr. MONTGOMERY spoke in favor of his amendment. 

Debate continued by Mr. Jeremiah Smith. • 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 681 


Mr. STANYARNE WILSON moved to lay the amendment on the 
'table ; which was agreed to. 

Section 8. Mr. B. R. TILLMAN moved to amend as follows : In¬ 
sert “ shall” for “ may” on line 1. 

Also, strike out the words “of Olemson Agricultural College and 
the State University as now established by law.” 

Also, on line 1, after the word “ maintenance” insert the words 
“of the Winthrop Normal and Industrial College of South Caro¬ 
lina.” 

Also, strike out the word “therein” on line 3 and insert after the 
word “scholarship ” the words “in the various institutions of higher 
education supported by the State.” 

Mr. B. R. TILLMAN spoke in support of his amendments. 

Debate was continued by Messrs. Buist, W. B. Wilson and Watson. 

Mr. PATTON moved the following substitute for the amendments 
proposed by Mr. B. R. Tillman : Strike out “ may” on line 1 and in¬ 
sert the word “shall” in lieu thereof. 

Mr. PATTON spoke in favor of the proposed substitute. 

Debate was continued by Messrs. George Johnstone and W. C. 
Smith. 

Mr. ROGERS offered the following amendment to the substitute of 
Mr. Patton : 

Section 8, insert in line 3 after the word “therein” the words 
“ Provided , That the General Assembly shall in no year appropriate 
for these institutions an amount in excess of one-sixth of the sum ex¬ 
pended during the same year for the common free schools of the 
State.” 

Mr. PATTON accepted the amendment. 

Debate continued by Messrs. W. J. Montgomery and Bryan. 

The question being upon the substitute of Mr. Patton, 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 49; nays, 65. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Anderson, Ashe, Atkinson, Barker, Bellinger, J. S. Brice, Bryan, 
Buist, Cantey, Clayton, Efird, Farrow, Fitch, Fraser, Gamble, Gary, 
Gunter, D. S. Henderson, Hutson, George Johnstone, Wilie Jones, 
Keitt, Lee, McGowan, McKagen, Meares, Miller, Mitchell, Moore, 
Mower, Nash, Nathans, Nicholson, Patterson, Patton, 1. R. Reed, 



682 


JOURNAL OF PROCEEDINGS, 


Rogers, Sheppard, Sloan, Smalls, Von Kolnitz, Wells, Whipper, 
A. H. White, Stanyarne Wilson, W. B. Wilson, and Woodward.—49. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Austin, Barry, Barton, Behre, Bowen, 
Bowman, Breazeale, T. W. Brice, Burn, Carver, Connor, Cooper, 
Dellay, Dennis, Derham, Douglass, Doyle, Dudley, W. D. Evans, 
Field, Floyd, Gage, J. L. Glenn, Gooding, Hamel, Harris, Hemp¬ 
hill, Wm. Henderson, Henry, Hiers, Houser, T. E. Johnson, Ira B. 
Jones, E. J. Kennedy, J. W. Kennedy, Klugh, Lowman, Lybrand, 
McDermotte, McMakin, W. J. Montgomery, Murray, Otts, Parler, 
Parrott, Prince, Rosborough, Rowland, Russell, Shuler, Sligh, A. J. 
Smith, Jeremiah Smith, R. F. Smith, W. C. Smith, Smoak, Tal¬ 
bert, Taylor, B. R. Tillman, G. I). Tillman, Timmerman, Waters, 
Watson, and Wharton.—65. 


PAIRS. 

Mr. PEAKE stated that he was paired with Mr. McCalla, otherwise 
he would vote “no.” 

Mr. HARRISON stated that he was paired with Mr. Jervey, other¬ 
wise he would vote “no.” 

Mr. WINKLER stated that he was paired with Mr. Oliver, other¬ 
wise he would vote “no.” 

Mr. McMAHAN stated that he was paired with Mr. Haynsworth, 
otherwise he would vote “aye.” 

Mr. McWHITE stated that he was paired with Mr. McCown, other¬ 
wise he would vote “aye.” 

Mr. BATES stated that he was paired with Mr. Gilland, otherwise 
he would vote “no.” 

Mr. GRAHAM stated that he was paired with Mr. Dent, otherwise 
he would vote “no.” 

Mr. HOWELL stated that he was paired with Mr. Sullivan, other¬ 
wise he would vote “aye.” 

Mr. McCASLAN stated that he was paired with Mr. Morrison, 
otherwise he would vote “aye.” 

REASONS FOR VOTING. 

On this amendment I vote “no” tor the reason that the provision for the 
common schools is wholly insufficient to provide for the needs of our 
people. I had hoped proper provision would have been made for common 
school education, and if it had been done 1 would with pleasure have voted 
to make the support of all the higher institutions of learning mandatory. 

E. J. KENNEDY. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 683 


The question recurring upon the amendment proposed by Mr. B. R. 
Tillman, 

The question being put: “Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 39 ; nays, 79. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Anderson, Ashe, Barton, Behre, Bellinger, Breazeale, J. S. Brice, 
Bryan, Buist, Cantey, Clayton, Cooper, Efird, W. D. Evans, Garris, 
Gary, Graham, Gunter, Hiers, Keitt, Lowman, McCaslan, McKagen, 
Meares, Mitchell, Moore, Nash, Patterson, Rosborough, Russell, Shep¬ 
pard. B. R. Tillman, G. D. Tillman, Timmerman, Wharton, A. H. 
White, Stanyarne Wilson, and W. B. Wilson.—39. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Atkinson, Austin, Barker, Barry, Bowen, 
Bowman, T. W. Brice, Burn, Carver, Connor, DeHay, Dennis, Der- 
ham, Douglass, Doyle, Dudley, Farrow, Field, Fitch, Floyd, Fraser, 
Gage, Gamble, Gooding, Hamel, Harris, Harrison, Hemphill, D. S. 
Henderson, Wm. Henderson, Henry, Houser, Hutson, T. E. John¬ 
son, George Johnstone, Ira B. Jones, Wilie Jones, E. J. Kennedy, J. 
W. Kennedy, Klugh, Lee, Lybrand, McDermotte, McGowan, Mc¬ 
Mahan, McMakin, Miller, W. J. Montgomery, Mower, Murray, 
Nathans, Nicholson, Otts, Parrott, Patton, Peake, Prince, Rogers, 
Rowland, Shuler, Sligh, Sloan, Smalls, A. J. Smith, Jeremiah Smith, 
R. F. Smith, W. C. Smith, Srnoak, Talbert, Taylor, Von Kolnitz, 
AVaters, Watson, Wells, AVhipper, Wiggins, AVinkler, and AVood- 
ward.—79. 

Mr. OTTS moved to reconsider the vote whereby the Convention 
rejected the amendment of Air. Tillman, and to lay that motion on 
the table ; which was agreed to. 

PAIRS. 

Mr. BATES stated that he was paired with Air. Gilland, otherwise 
he would vote “no.” 

Mr. LIOAVELL stated that he was paired with Mr. Sullivan, other¬ 
wise he would vote “aye.” 

Mr. McWHITE stated that lie was paired with Mr. AIcCown, other¬ 
wise he would vote “ aye.” 

Mr. GLENN stated that he was paired with Mr. S. E. White, other¬ 
wise he would vote “ no..” 




684 


JOURNAL OF PROCEEDINGS, 


REASONS FOR VOTING. 

We vote “no,” not that we oppose the placing of the Winthrop School 
beyond danger, but because we fear that such a measure would tend to im¬ 
peril the support of the other institutions of higher education. 

H. C. PATTON, 

WILIE JONES. 

I vote “no” because I believe it inconsistent to discriminate between the 
State institutions. 

S. W. GAMBLE. 

Mr. BUIST moved to amend Section 8, line 2, by inserting after 
the words “ South Carolina ” the words “and the Winthrop Normal 
and Industrial College.” 

The question being put : “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The }^eas and nays were requested, and are as follows : 

Yeas, 83 ; nays, 33. 

Those who voted in the affirmative are : 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Anderson, Ashe, Atkinson, Austin, Barton, Bellinger, Bowen, Bow¬ 
man, Breazeale, T. W. Brice, Bryan, Buist, Burn, Cantey, Clayton, 
Connor, Cooper, Derham, Douglass, Doyle, Efird, "W. D. Evans, 
Field, Floyd, Gage, Garris, Gary, J. L. Glenn, Graham, Gunter, 
Hamel, Henry, Hiers, Houser, T. E. Johnson, Ira B. Jones. Keitt, 
E. J. Kennedy, J. W. Kennedy, Lee, Lowman, McCaslan, McDer- 
motte, McGowan, McKagen, McWhite, Meares, Miller, Mitchell, J. 

D. Montgomery, W. J. Montgomery, Moore, Mower, Nash, Parler, 
Patterson, Peake, Prince, I. R. Reed, Rogers, Rosborough, Rowland, 
Russell, Sheppard, Sligh, Smalls, A. J. Smith, Jeremiah Smith, R. 

E. Smith, B. R. Tillman, G. D. Tillman, Timmerman, Waters, 
Wells, Wharton, A. H. White, Wiggins, Stanyarne Wilson. W. B. 
Wilson, Winkler, and Woodward.—83. 

Those who voted in the negative are : 

Nays—Messrs. Alexander, Barker, Barry, Carver, Deliay, Dennis, 
Dudley, Farrow, Fitch, Eraser, Gamble, Harris, Harrison, Hemp¬ 
hill, D. S. Henderson, Wm. Henderson, Howell, Hutson, George 
Johnstone, Klugh, Lybrand, McMahan, McMakin, Murray, Nathans, 
Otts, Shuler, Sloan, Smoak, Talbert, Taylor, Von Kolnitz, and Wat¬ 
son.—33. 

REASONS FOR VOTING. 

I am a warm supporter of Winthrop, but 1 vote against Mr. Tillman’s 
amendment because I think this Convention should not discriminate among 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 685 

t,le listing State colleges, which have been successively established by tlie 
people after the issue had been fairly before them; and I vote against Mr. 
Huist’s motion because Winthrop is now a branch of the University of 
South Carolina, and to name it separately is legally surplusage but practi¬ 
cally a discrimination against the Citadel. 

JOHN J. McMAHAN. 

Mr. HE 1 IRE moved to amend as follows : 

Section 15. The General Assembly shall enact at its next session such 
laws as shall provide for the purchase of such maps, books and charts as 
may lx* necessary for the furnishing of the free common schools with books 
for the use of the pupils of such schools: Provided, That such purchase 
shall not exceed the sum of five-tenths of a mill (half mill) in any County, 
and that such portion of the school tax sfiall be used as long as there may 
be considered a necessity for its use in any County.” 

On motion of Mr. BOWMAN, the amendment was laid on the 
table. 

Mr. MOWER moved to amend Section 5, line 8, by striking out the 
word “nine” and inserting the word “four.” 

Mr. BOWMAN moved to lay the amendment on the table ; which 
was agreed to. 

Section 6. Mr. EFIRD moved to amend Section 6, line 39, by add¬ 
ing the words : “ The General Assembly shall define enrollment;” 

which was agreed to. 

Section 0. Mr. J. D. MONTGOMERY moved to amend as follows : 
On line 17, insert after the word “ years” the words “excepting Con¬ 
federate soldiers above the age of fifty years ;” which was agreed to. 

The Article as amended was read the third time, adopted and 
ordered referred to the Committee on Order, Style and Revision. 

Mr. W. B. WILSON moved to reconsider the vote whereby Calen¬ 
dar No. 30, report of the Committee on Corporations, was adopted 
and ordered referred to the Committee on Order, Style and Revision ; 
which was agreed to. 

Mr. W. B. WILSON moved to amend Section 5 by striking out all 
after the word “ persons ” on line 4 down to the word “ persons ” on 
line 8 ; which was agreed to. 

The Article as amended was read the third time and ordered re¬ 
ferred to the Committee on Order, Style and Revision. 

REPORT OF STANDING COMMITTEE. 

Mr. W. J. MONTGOMERY submitted the following report: 

The Committee on Engrossed Resolutions and Ordinances, to whom 
was referred an ordinance (No. 57) to authorize the General Assembly 


JOURNAL OF PROCEEDINGS, 


686 


to provide for a sinking fund in the several Counties of the State to 
enable the same to do business on a cash basis, beg leave to report that 
the same has been correctly engrossed and revised. 

W. J. MONTGOMERY, 

For Committee. 

Received as information. 

On motion of Mr. STAN YARNE WILSON, the Convention, at 11 
P. M., adjourned until 9:30 A. M. to-morrow. 


FIFTY-SEVENTH DAY. 


Tuesday, November 26, 1895. 


The Convention assembled at 9:30 A. M. 

The Secretary called the roll. 

Vice President TALBERT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. J. C. Abney. 

The Journal of yesterday’s proceedings was read and confirmed. 

LEAVE OF ABSENCE. 

Indefinite leave was granted to Mr. Gilland ; to Mr. Talbert on 
account of business ; to Mr. Cunningham on account of sickness in 
his family ; to Mr. Watson on account of sickness in his family ; and 
until Monday to Messrs. Dennis and DeHay. 

RESOLUTIONS. 

Mr. ALDRICH offered the following, which was considered imme¬ 
diately : 

Resolved , That N. 11. Stansell, Sergeant-at-Arms, be allowed one dollar 
per day for the session of this Convention in addition to the amount already 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 687 


provided for by ordinance, and that S. W. Vance, Secretary, be allowed the 
sum of $200 in addition to amount already provided for by ordinance, said 
sums of money to be paid out of funds appropriated to defray the expenses 
of this Convention. 

On motion of Mr. BOWMAN, the resolution was laid on the table. 

Mr. FRASER submitted the following : 


Resolved, That the Committee on Order, Style and Revision be empowered 
to call to their assistance such clerks as they deem necessary, who shall be 
paid at the rate of four dollars per day for the [time employed, and that the 
Public Printer do such printing as is required by such Committee. 

Resolved, further, That this Committee have leave to sit during any recess 
of this Convention that may be ordered. 

Which was agreed to. 

_Air. B. R. TILLMAN asked that he’be excused from further serv¬ 
ing on the -Committee on Order, Style and Revision ; which was 
agreed to. 

Also, that Mr. J. 0. Sheppard be substituted in his stead as a mem¬ 
ber of that Committee ; which was agreed to. 

No. 10, report of Committee on Legislative Department, (Mr. 
Sligh for Committee). 

Section 29. Mr. SLIGH moved to amend by adding after the word 
“ claimed,” line 12, the words “ set off and recorded ;” which was 
agreed to. 

Mr. HOWELL moved to amend Section 29 by striking out the 
words “ and no waiver, mortgage or other lien shall be permitted to 
defeat the exemption in lands after the homestead has been claimed, 
set off and recorded.” 

Mr. HOWELL spoke in support of his amendment. 

Debate continued by Messrs. Burn, Sheppard, B. R. Tillman and 
William Henderson. 

The question being put: ‘‘ Will _ the Convention agree thereto?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 62 ; nays, 48. 

Those who voted in the affirmative are : 

Yeas—Messrs. Anderson, Atkinson, Austin, Barton, Behre, Bel¬ 
linger, J. S. Brice, T. W. Brice, Bryan, Cooper, DeHay, Dennis, 
Doyle, Efird, Estridge, Farrow, Fitch, Fraser, Garris, J. L. Glenn, 
Gooding, Gunter, Hamel, Hemphill, D. S. Henderson, Wm. Hender¬ 
son, Hiers, Howell, Hutson, T. E. Johnson, Ira B. Jones, Wilie Jones, 
E. J. Kennedy, Klugh, Lee, McGowan, McMakin, Meares, Miller, 



688 


JOURNAL OF PROCEEDINGS, 


Mower, Murray, Nathans, Nicholson, Patton, Peake, Prince, J. II. 
Read, I. R. Reed, Rogers, Rosborough, Sloan, Smalls, Smoak, Talbert, 
Taylor, Wells, A. II. White, S. E. White, Wiggins, Stanvar'ne Wilson, 
W. 13. Wilson, and Winkler.—62. 

Those who voted in negative are : 

Nays—Messrs. Aldrich, Alexander, Ashe, Barker, Barry, Bates, 
Berry, Bowen, Bradham, Breazeale, Buist, Burn, Cantey, Carver, 
Connor, Douglass, Field, Gage, Gamble, Graham, Harris, Harrison, 
Henry, George Johnstone, Keitt. J. W. Kennedy, Lowman, Lybrand, 
McCown, McKagen, McMahan, Me White, Mitchell, J. D. Mont¬ 
gomery, W. J. Montgomery, Otts, Parrott, Rowland, Russell, Shuler, 
Singletary, Sligh, Jeremiah Smith, B. R. Tillman, G. D. Tillman, 
Von Kolnitz, Waters, and Woodward.—48. 

PAIRS. 

Mr. CLAYTON stated that he was paired with Mr. Stribling, other¬ 
wise he would vote “no.” 

Mr. G ARY stated that he was paired with Mr. Redfearn, otherwise 
he would vote “ no.” 

Mr. HOUSER stated that he was paired with Mr. Gilland, other¬ 
wise he would vote “ no.” 

Mr. McDERMOTTE stated that he was paired with Mr. Parler, 
otherwise he would vote “ no.” 

Mr. McCASLAN stated that he was paired with Mr. Sheppard, 
otherwise he would vote “no.” 

Mr. A. J. SMITH stated that he was paired with Mr. R. F. Smith, 
otherwise he would vote “ no.” 

Mr. MOORE stated that he was paired with Mr. Dudley, otherwise 
he would vote “no.” 

Mr. HOWELL moved to reconsider the vote whereby the Conven¬ 
tion agreed to strike out, and to lay that motion on the table ; which 
was agreed to. 

Mr. CLAYTON moved to amend by adding to end of Section 29 : 
“Provided, That upon sale under foreclosure proceedings the home¬ 
stead must bring the amount for which it was appraised or the sale 
shall be void.” 

After debate by Messrs. Clayton and D. S. Henderson, 

Mr. D. S. HENDERSON moved to lay the amendment on the 
table; which was agreed to. 

Mr. SHEPPARD arose to a question of privilege, and said : 

Mr. President: When the vote was taken upon the Homestead Section 
I was absent from the hall. A friend lias kindly said tome that my absence 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 689 


was noticed and commented upon, inasmuch as I had participated in the 
debate, hence I desire to explain my absence. 

The Supreme Court convened this morning for the Fifth Circuit; an 
Important case in which I am engaged is the first case on the calendar; as 
soon as I finished my remarks I went down to the Supreme Court room to 
ask the Court to excuse me from attendance to-day, but before I left the 
hall I took the pains to “pair” upon the question then before the Con¬ 
vention. 

This statement is made in justice to myself, in order that no gentleman 
may suspect that I was avoiding the responsibility of voting upon this 
question. 

Mr. Me WHITE moved to amend as follows : Strike out Section 29. 

After debate by Messrs. McAVhite, Aldrich, Sligh, Howell, George 
Johnstone, Jeremiah Smith and McMahan, 

The question being put: “Will the Convention agree thereto?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeys, 11 ; nays, 112. 

Those who voted in the affirmation are : 

Yeas—Messrs. Burn, Harris, Lybrand, McMahan, McWhite, J. D. 
Montgomery, W. J. Montgomery, Russell, Shuler, Taylor, and 
B. R. Tillman.—11. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Alexander, Anderson, Ashe, Atkinson, 
Austin, Barker, Barry, Barton, Bates, Behre, Bellinger, Berry, Bowen, 
Bradham, Breazeale, J. S. Brice, T. W. Brice, Bryan, Buist, Cantey, 
Carver, Clayton, Connor, Cooper, DeHay, Dennis, Derham, Douglass, 
Doyle, Efird, Ellerbe, Estridge, W. D. Evans, Farrow, Field, Fitch, 
Floyd, Fraser, Gage, Gamble, Garris, Gary, J. L. Glenn, J. P. 
Glenn, Gooding, Graham, Gunter, Hamel, Harrison, Hemphill, 
D. S. Henderson, Wm. Henderson, Henry, Hiers, Houser, Howell, 
Hutson, T. E. Johnson, George Johnstone, Ira B. Jones, Wilie Jones, 
Keitt, E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Mc- 
Caslan, McCown, McDermotte, McGowan, McKagen, McMakin, 
Meares, Miller, Mitchell, Mower, Murray, Nathans, Nicholson, Otts, 
Parrott, Patterson, Peake, Prince, J. H. Read, I. R. Reed, Rogers, 
Rosborough, Rowland, Sheppard, Singletary, Sligh, Sloan, A. J. 
Smith, Jeremiah Smith, W. C. Smith, Smoak, Talbert, G. D. Till¬ 
man, Timmerman, Waters, Wells, Whipper, A. H. White, S. E. 
White, Wiggins, Stanyarne AVilson, W. B. Wilson, Winkler, and 
Woodward.—112. 

Mr. B. R. TILLMAN moved to amend as follows : Insert on line 12, 
after the word “Provided”: “ That the head of the family to whom a 
44—500 



690 


JOURNAL OF PROCEEDINGS, 


homestead has been set apart shall not have the right to alienate it 
without the consent of the persons dependent on him or her.” 

Mr. W. B. WILSON offered the following substitute for Mr. B. R. 
Tillman’s amendment: “Add after the word ‘ homestead/* near the 
end of line 28, the words ‘Provided, further, That after a homestead 
in lands has been set off and recorded, the same shall not be waived 
by deed of conveyance, mortgage or otherwise, unless the same be 
executed by both husband and wife, if both be living;’” which was 
agreed to. 

Mr. ROGERS moved to amend Section 29 as follows : “ Strike out 
lines 29, 30 and 31, and the words 4 Provided, further .’ ” 

The question being put, the amendment was rejected. 

Mr. PRINCE moved to amend the same Section as follows : “ Strike 
out on lines 30 and 31 the words ‘ personal property ’ and insert the 
words ‘tools and implements of trade;’” which was agreed to. 

Section 29 was adopted as amended. 

Mr. STANYARNE WILSON moved to reconsider the vote whereby 
Section 29 was adopted, and to lay that motion on the table ; which 
was agreed to. 

Section 34. Mr. SLIGIL moved to strike out lines 3 and 4; which 
was agreed to. 

The Section as amended was adopted. 

Mr. D. S. HENDERSON moved to amend lines 2 and 3, Section 
36, by striking out the words “ foreign citizen ” and inserting “ alien ” 
wherever the same occurs. 

Mr. McMAHAN offered the following as a substitute for the amend¬ 
ment of Mr. D. S. Henderson : On line 1, Section —, add “36 ;” on 
line 2 strike out “foreign citizen” and insert “alien;” on line 3 
strike out the words “composed of” and insert the words “con¬ 
trolled by.” 

After debate by Messrs. McMahan and D. S. Henderson, 

Mr. D. S. HENDERSON moved to lay the substitute on the table. 

The question being put, the motion was agreed to. 

The question recurring to the adoption of the amendment offered 
by Mr. D. S. Henderson, the amendment was adopted. 

Mr. SHEPPARD moved to strike out the word “such,” on line 1, 
same Section ; which was agreed to. 

Mr. W. B. WILSON moved to amend the same Section, line 3, as 
follows : Strike out the words “ composed of” and insert the words 
“ controlled by;” which was agreed to. 

Mr. JEREMIAH SMITH moved to strike out the 38th Section of 
the Article. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 691 


After debate by Messrs. Jeremiah Smith, Doyle, Patterson, Sligh, 
Bowman, Clayton and Aldrich, 

Mr. DOYLE moved to amend by inserting after the word “.total, ” 
on line 1, the word “ official;” which was agreed to. 

The question being put upon the motion of Mr. JEREMIAH 
SMITH to strike out Section 38: “Will the Convention agree 
thereto ?” it was decided in the affirmative. 

The yeas and nays were requested and are as follows: 

Yeas, 66; nays, 46. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Barker, Barry, Bates, Behre, Bellinger, 
Bowman, Bradham, Breazeale, J. S. Brice, Bryan, Clayton, Connor, 
Douglass, Dudley, W. D. Evans, Farrow, Floyd, Fraser, Gamble, Gary, 
Gunter, Harrison, Hemphill, D. S. Henderson, Henry, Howell, Hutson, 
T. E. Johnson, Ira B Jones, Wilie Jones, E. J. Kennedy, J. W. Ken¬ 
nedy, Klugh, Lee, Lowman, McCown, McDermotte, McGowan, Me- 
Kagen, McMahan, Meares, J. D. Montgomery, W. J. Montgomery, 
Moore, Mower, Nash, Nicholson, Patterson, Patton, Peake, Perritte, 
Prince, Rogers, Sheppard, Sloan, Jeremiah Smith, W. C. Smith, 
Stackhouse, B. R. Tillman, G. D. Tillman, Yon Kolnitz, Waters, 
Wiggins, Winkler, and Woodward.—66. 

Nays—Messrs. Alexander, Anderson, Ashe, Atkinson, Austin, Bar¬ 
ton, Berry, Bowen, Buist, Burn, Cantey, Carver, Derham, Doyle, 
Efird, Ellerbe, Estridge, Field, Gage, Graham, Hamel, Harris, Hiers, 
George Johnstone, Keitt, Lybrand, McCaslan, Me White, Miller, Otts, 
Parrott, Rowland, Shuler, Sligh, Smalls, A. J. Smith, Smoak, Talbert, 
Taylor, Timmerman, Whipper, A. H. White, S. E. White, Wigg, 
Stanyarne Wilson, and W. B. Wilson.—46. 

PAIRS. 

Mr. COOPER stated that he was paired with Mr. Stribling, other¬ 
wise he would vote “aye.” 

Mr. GLENN stated that he was paired with Mr. R. F. Smith, other¬ 
wise he would vote “aye.” 

Mr. GARRIS stated that he was paired with Mr. Parler, otherwise 
he would vote “aye.” 


REASON FOR VOTING. 

I vote against striking out the last Section in the Legislative Arti¬ 
cle (with reference to costs) because I am opposed to costs, and I think 
the passage of this Section will lead to the abolition of costs. 

GEO. W. GAGE. 



692 


JOURNAL OF PROCEEDINGS; 


Mr. PATTERSON" moved to reconsider the vote whereby the Con¬ 
vention agreed to strike out Section 38, and to lay that motion on the 
table ; which was agreed to. 

Mr. STANYARNE WILSON moved to amend by adding a Section 
to be known as— 

Section —. The General Assembly, at its first session after the adoption 
of this Constitution, shall create and provide for the establishment and 
maintenance of a Bureau of Industrial Immigration and Labor Statistics, 
which shall be under the charge of a Commissioner who shall be appointed 
by the Governor, by and with the advice and consent of the Senate, and it 
shall also prescribe his term of office, powers, duties and compensation ; 
and succeeding General Assemblies shall provide for the continued mainte¬ 
nance thereof, with powers of amending such original Act and amendments 
thereof. 

After debate by Messrs. Stanyarne Wilson, Aldrich, McCaslan, 
Buist, and G. D. Tillman, 

Mr. SHEPPARD moved to lay the proposed Section on the table. 

The question being put: “ Will the Convention agree thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows : 

Yeas, 87 ; nays 24. 

Those who voted in the affirmative are : 

Yeas—Messrs. Alexander, Anderson, Ashe, Atkinson, Austin, 
Barker, Barton, Bellinger, Berry, Bowen, Bowman, Bradham, Brea- 
zeale, J. S. Brice, Bryan, Cantey, Connor, Cooper, DeHay, Dennis, 
Douglass, Doyle, Dudley, Efird, Ellerbe, Estridge, W. D. Evans, 
Farrow, Field, Floyd, Fraser, Gage, Gary, J. L. Glenn, J. P. Glenn, 
Gooding, Graham, Gunter, Hamel, Harris, Harrison, Hemphill, D. S. 
Henderson, Henry, Howell, Hutson, George Johnstone, Ira B. Jones, 
E. J. Kennedy, J. W. Kennedy, Klugh, Lee, Lowman, Lybrand, 
McCaslan, McCown, McGowan, McKagen, McMakin, McWhite, 
Miller, Mitchell, W. J. Montgomery, Nash, Nathans, Perritte, Prince, 
Rogers, Russell, Sheppard, Shuler, Smalls, A. J. Smith, Jeremiah 
Smith, W. C. Smith, Smoak, Stackhouse, Taylor, B. R, Tillman, G. 
D. Tillman, Wells, A. H. White, S. E. White, Wigg, Wiggins, Wink¬ 
ler, and Woodward.—87. 

Those who voted in the negative are : 

Nays—Messrs. Aldrich, Barry, Buist, Burn, Carver, T. E. Johnson. 
Wilie Jones, McMahan, Meares, J. D. Montgomery, Mower, Nichol¬ 
son, Otts, Patterson, Patton, Peake, Rosborough, Rowland, Sligh, 
Sloan, Talbert, Timmerman, Stanyarne Wilson, and W. B. Wil¬ 
son.—24. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 693 


Mr. IRA B. JONES moved to reconsider the vote whereby Section 
18 was adopted ; which was agreed to. 

Section 18. Mr. IRA B. JONES moved to amend as follows : On 
line 1 insert after the word “ Bill ” the words or “ Joint Resolution ;” 
which was agreed to. 

Also, by adding to the end of the Section the following words : 
“Provided , That either branch of the General Assembly may provide 
by rule for the first and third reading of any Bill or Joint Resolution 
by its title only.” 

After debate by Messrs. Ira B. Jones, George Johnstone and 
Sheppard, 

Mr. GEORGE JOHNSTONE moved to lay the amendment on the 
table. 

The question being put, the Convention refused to lay on the table. 

The amendment was then adopted. 

Section 18 was then adopted as amended. 

Mr. G. D. TILLMAN moved to reconsider the vote whereby Sec¬ 
tion 8 was adopted; which was agreed to. 

Section 8. Mr. G. D. TILLMAN moved to amend as follows : In¬ 
sert after the word “ provide,” on line 3, the words “ for representa¬ 
tion every second year thereafter;” which was agreed to. 

Also, after the word “ and,” same line, insert the words “for Sen¬ 
ators which was agreed to. 

The Article having received three readings was adopted, and 
ordered referred to Committee on Order, Style and Revision. 

No. 42, report of Committee on Judicial Department (Mr. Stan- 
yarne Wilson for Committee). 

Section 1. Mr. STANYARNE WILSON, for the Committee, 
moved to amend as follows : Strike out “ them ” on line 9 and insert 
“ those voting which was agreed to. 

Also, Section 2, strike out on lines 3 and 4 the words “ but the 
concurrence of three of the Justices shall still be necessary for a de¬ 
cision ;” which was agreed to. 

Also, Section 6, lines o and 6, insert “Justices” for “Judges;” 
which was agreed to. 

Also, Section 9, line 1, strike out “the Judges of the Supreme 
Court and Circuit Courts” and insert the words “the Justices of 
the Supreme Court and Judges of the Circuit Court;” which was 
agreed to. 

Section 10, line 1, strike out the w r ords “Judge of the Supreme 
Court or Circuit Courts” and insert the words “Chief Justice, Asso¬ 
ciate Justice or Judge of the Circuit Courts ;” which was agreed to. 





694 


JOURNAL OF PROCEEDINGS, 


Section 20, line 5, strike out the word “registration” and insert 
the word “ regulations ;” which was agreed to. 

Section 22,. line 9, strike out the word “ men ;” which was agreed to. 

Section 25, line 4, insert after the word “ Circuit ” the word 
(( Courts ” instead of “ Court,” as it now reads ; which was agreed to. 

Section 12. Mr, HENDERSON moved to amend as follows : Strike 
out all of the Section after the word “retire” on line 22 and insert 
the words “and the Circuit Judges present shall determine by lot 
which of their number shall retire.” 

The Section as amended was adopted. 

Section 1 was adopted as reported. 

Section 2. Mr. KENNEDY moved to amend line 6 by striking out 
the word “eight” and inserting the wqrd “six.” 

Mr. HUTSON moved to lay the amendment on the table ; which 
was agreed to. 

The Section was adopted. 

Sections 3, 4, 5, 6, 7, 8, 9, 10 and 11 were adopted as amended. 

Mr. BREAZEALE moved to amend by adding to the end of the 
Section the following words : “And should a new division of the 
Judicial Circuits be made shall be the Judges of the respective Cir¬ 
cuits in which they shall reside of the said division;” which was 
agreed to. 

The Section as amended was adopted. 

Sections 14 and 15 were adopted as reported. 

Section 16. Mr. J. D. MONTGOMERY moved the following as a 
substitute for Section 16 : 

The Court of Common Pleas shall sit in each County in this State at least 
three times in every year at such stated times and places as may be appointed 
by law. One of such sittings of said Court shall be for the hearing of causes 
not requiring a jury: Provided, That if the business of ally County does 
not require three sittings the General Assembly may reduce the number. 

ACCOUNTS. 

Mr. HAMEL presented the following account, which was read the 
first time and referred to the Committee on Contingent Accounts and 
Expenses : 

Columbia, S. C., November, 1895. 

Constitutional Convention 

1895. To R. L. Bryan & Co., Dr. 


Nov. 15. 2 gross rubber bands.$ 1 00 

Printing 500 No. 10 envelopes. 2 50 

Printing 1,000 No. 6 envelopes. 2 50 

Printing 100 note pads. 10 50 

16. Printing 300 “ ad” tickets. 1 60 

21. Printing 1,000 envelopes, No. 6. 2 50 

22. Printing 100 note pads. 10 50 


Total.$31 10 












SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 695 


The pending question being the proposed substitute of Mr. J. D. 
Montgomery, at 2 P. M. the Convention receded from business until 
4 P. M. this day. 


RECESS. 

Vice President TALBERT resumed the chair. 

LEAVES OF ABSENCE. 

The following delegates were granted indefinite leave of absence : 
Messrs. Howell, Houser, Whipper, Perritte, J. P. Glenn, J. S. Brice, 
Nicholson, Bradham, Moore, Cooper and William Henderson. 

UNFINISHED BUSINESS. 

No. 42, report of the Committee on Judicial Department. 

Section 16. The pending question being the substitute proposed by 
Mr. J. I). Montgomery and printed in the Journal of this morning. 

After debate by Messrs. Bellinger, Hutson and Stanyarne Wilson, 

Mr. STANYARNE WILSON moved to lay the substitute on the 
table ; which w r as agreed to. 

The Section was then adopted. 

Section 17 was adopted as reported. 

Section 18. Mr. MEARES moved to amend as follows : Strike out 
all after the words “criminal cases, ” line 2, down to and including 
“ Courts, ” on line 3, and insert “ except those cases in which exclu¬ 
sive jurisdiction shall be given to inferior Courts, and in these it shall 
have appellate jurisdiction. It shall also have concurrent as well as ap¬ 
pellate jurisdiction from the inferior Courts in all cases of riot, 
assault and battery, and larceny. ” 

After debate by Messrs. Meares, Stanyarne Wilson, Sheppard, 
Aldrich and George Johnstone, 

Mr. GEORGE JOHNSTONE moved to lay the proposed amend¬ 
ment on the table. 

The question being put, the Convention refused to lay on the table. 

The proposed amendment was then adopted. 

Section 18 was adopted as amended. 

Sections 19 and 20 were adopted as reported. 

Section 21. Mr. MEARES moved to amend line 5 by inserting 
between the words “ have and “jurisdiction” the word “exclusive 
which was agreed to. 

The Section as amended was adopted. 





696 


JOURNAL OF PROCEEDINGS, 


Sections 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33 were adopted as 
reported. 

Section 34. Mr. BOWMAN moved to strike out the Section. 

After debate by Messrs. Bowman, Timmerman, Patton, McGowan, 
B. R. Tillman and Aldrich, 

The question being put: “ Will the Convention agreed thereto ?” it 
was decided in the affirmative. 

The yeas and nays were requested, and are as follows: 

Yeas, 54; nays, 47. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Alexander, Austin, Bates, Berry, Bowman, 
Breazeale. Buist, Burn, Cantey, Connor, Cooper, Dudley, Ellerbe, 
Estridge, Fitch, Fraser, Gage, J. P. Glenn, Hamel, Hiers, Hutson, 
George Johnstone, Klugh, Lee, Lowman, Lybrand, McCown, Mc- 
Dermotte, McGowan, McKagen, Meares, Mower, Murray, Nash, Otts, 
Parler, Parrott, Patterson, Patton, Perritte, J. H. Read, Rowland, 
Russell, Shuler, Jeremiah Smith, W. C. Smith, Smoak, G. D. Till¬ 
man, Yon Kolnitz, Waters, Wells, S. E. White, and Woodward.—54. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Ashe, Atkinson, Barry, Barton, Bellinger, 
Bowen, J. S. Brice, Carver, Clayton, Douglass, Efird, W. D. Evans, 
Field, Gamble, Garris, Gary, J. L. Glenn, Gooding, Graham, Har¬ 
rison, D. S. Henderson, Henry, T. E. Johnson, Ira B. Jones, Keitt, 
J. W. Kennedy, McCaslan, McMahan, McWhite, W. J. Montgomery, 
Nicholson, Peake, Rogers, Sloan, Smalls, A. J. Smith, Stackhouse, 
Talbert, Taylor, B. R. Tillman, Timmerman, Whipper, Wigg, Wig¬ 
gins, Stanyarne Wilson, and Winkler.—47. 

PAIRS. 

Mr. SHEPPARD stated that he was paired with Mr. Bradham, 
otherwise he would vote “ no.” 

Mr. PRINCE stated that he was paired with Mr. Sullivan, other¬ 
wise he would vote “aye.” 

Mr. MILLER stated that he was paired with Mr. Moore, otherwise 
he would vote “ no.” 

Mr. T. W. BRICE stated that he was paired with Mr. Harris, 
otherwise he would vote “no.” 

Mr. BOWMAN moved to reconsider the vote whereby this Section 
was stricken out, and to lay that motion on the table; which was 
agreed to. 

Section 35 was adopted as reported. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 697 


Mr. ALDRICH offered the following, to be known as Section 36 : 

No decision of the Supreme Court of this State hereafter rendered which 
modifies or overrules a prior decision of said Court shall have any retro¬ 
active effect or injuriously affect any rights accruing under the law as laid 
down in such prior decision. 

After debate by Messrs. Aldrich, Sheppard and George Johnstone, 

Mr. SHEPPARD moved to lay the amendment on the table ; which 
was agreed to. 

The Article having received three readings was adopted and ordered 
referred to the Committee on Order, Style and Revision. 

No. 67, Judicial Department, reporting Schedule. 

Section 1. Mr. FRASER moved to amend as follows, to be added 
at the end of the Section : “All ordinances passed and ratified at 
this Convention shall have the same force and effect as if included 
in and constituting a part of this Constitution ;” which was agreed to. 

Also, to be known as Section 7: 

At all elections held for members of the General Assembly in case of a 
vacancy, or for any other office, State, County, or municipal, the qualifica¬ 
tion of electors shall remain as they were under the Constitution of 1868 
until the first day of November, 1896, A. D. 

Which was agreed to. 

Section 8. Mr. STANYARNE WILSON moved to fill the blanks 
at end of Section 8 by inserting the words “31st of December;” 
which was agreed to. 

Mr. ALDRICH moved to amend Section 1 by adding after the 
words “General Assembly” on line 6 the words “or expire by their 
own limitation;” which was agreed to. 

Mr. GEORGE JOHNSTONE moved to amend as follows : Insert 
after the word “ State” on line 4, Section 1, the words “and consti¬ 
tutional when enacted;” which was agreed to. 

Mr. STANYARNE WILSON moved to amend as follows, to be 
known as Section 9 : 

The provisions of the Constitution of 1868 and amendments thereto are 
repealed by this Constitution, except where reordained and declared herein. 

Which was agreed to. 

The Article having received three readings was adopted and ordered 
referred to the Committee on Order, Style and Revision. 

No. 34, an Article relating to the Declaration of Rights, was read 
the third time and adopted, and ordered referred to the Committee 
on Order, Style and Revision. 



698 


JOURNAL OF PROCEEDINGS; 


Mr. ST ANY ARNE WILSON moved to reconsider the vote 
whereby the Article was read the third time and adopted, and to lay 
that motion on the table ; which was agreed to. 

No. 70, a resolution in regard to paying the State Printer, was read 
the third time and adopted, and ordered to be referred to the Com¬ 
mittee on Order, Style and Revision. 

No. 57, an ordinance to authorize the General Assembly to provide 
for a sinking fund in the several Counties of the State, to enable the 
same to do business on a cash basis. (Mr. Connor.) 

Mr. ROGERS moved to amend by striking out 4C may” on line 1, 
Section 1, and insert 44 shall.” 

The question being put: 44 Will the Convention agree thereto ?” it 
was decided in the negative. 

The yeas and nays were requested, and are as follows : 

Yeas, 45 ; nays, 46. 

Those who voted in the affirmative are : 

Yeas—Messrs. Aldrich, Anderson, Barry, Berry, Bowman, Breazeale, 
Bryan, Clayton, Connor, Dudley, Efird, Gamble, Gooding, Graham, 
Gunter, Harrison, D. S. Henderson, Henry, Hutson, George John¬ 
stone, Klugh, Lowman, McCaslan, McCown, McKagen, McMahan, 
McWhite, Miller, W. J. Montgomery, Mower, Parler, Prince, I. R. 
Reed, Rogers, Russell, Singletary, Sloan, Smalls, A. J. Smith, Smoak, 
Stackhouse, B. R. Tillman, G. D. Tillman, S. E. White, and Wigg.—45. 

Nays—Messrs. Alexander, Ashe, Atkinson, Austin, Barton, Bates, 
Bowen, Buist, Burn, Carver, Douglass, Ellerbe, Estridge, W. D. 
Evans, Field, Fraser, Gage, J. P. Glenn, Hamel, Iiiers, T. E. John¬ 
son, Ira B. Jones, Keitt, J. W. Kennedy, Lee, Lybrand, Meares, 
Murray, Nash, Nicholson, Otts, Perritte, J. H. Read, Rowland, 
Shuler, Jeremiah Smith, Talbert, Taylor, VonKolnitz, Waters, Wells, 
Whipper, Wiggins, Stanyarne Wilson, Winkler, and Woodward.—46. 

The ordinance having received three readings was adopted and 
ordered referred to the Committee on Order, Style and Revision. 

No. 59, an ordinance to provide an alphabetical index and marginal 
notes to the Constitution and ordinances of the Constitutional Con¬ 
vention of 1895 (Mr. Dudley) was read the third time, adopted and 
referred to the Committee on Order, Style and Revision. 

PAIRS. 

Mr. COOPER stated that he was paired with Mr. McGowan, other¬ 
wise he would vote 44 no.” 

Mr. GARRIS stated that he was paired with Mr. Gary, otherwise 
he would vote 44 no.” 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 699 


No. 71, an ordinance to provide for the pay of Commissioners and 
Managers of Election (Mr. Henry), was read the third time and 
adopted, and ordered referred to the Committee on Order, Style and 
Revision. 

No. 50, report of the Committee on Finance and Taxation on a 
resolution requiring that all expenses of the Court of General Ses¬ 
sions for each County be paid by the State. (Report unfavorable, 
Mr. W. D. Evans for Committee.) 

Mr. ESTRIDGE, the author of the resolution, asked and obtained 
permission to withdraw the same from the files of the Convention. 

The Committee on Contingent Accounts submitted the following 
reports : 

The Committee on Contingent Accounts, to whom was referred the 
account of Mr. W. H. Macfeat for $25, beg leave to report that they have 
carefully examined the same and recommend that the same be paid. 

R. L. GUNTER, 

For Committee. 

On motion of Mr. ELLERBE, the report was laid on the table. 

The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred the account of N. H. Stansell, Sergeant-at-Arms of Convention, for 
$174.78, beg leave to report that they have carefully examined the same 
and recommend that the sum of $51 be deducted from the same, and that 
he be paid the sum of $123.78. 

R. L. GUNTER, 

For Committee. 

State of South Carolina, 

To N. H. Stansell, Sergeant-at-Arms of Convention, Dr. 


To 10 days before Convention met, $5.00 per day.$ 50 00 

To 7 days after, in cleaning up hall, @ $5.00 per day. 35 00 

To 10 days for two laborers before Convention met, @ $1.50 per 

day. 30 00 

To 2 laborers, 7 days after Convention, $1.50 per day. 21 00 

To J. M. Bateman, account. 12 95 

To F. W. Husemann, account. 11 50 

To M. McDonald, account. 85 

To J. C. Stanley & Bro., account. 1 85 

To Rhodes & VanMetre, account. 75 

To Rhodes &. VanMetre, account. 2 00 

To Rhodes & VanMetre, account. 50 

To E. L. Lynch. 50 

$ 166 90 

To J. L. Mimnaugh & Co. 7 88 


$ 174 78 

Less. 51 00 


$ 123 78 

W. H. STANSELL, 
Sergeant-at-Arms of Convention. 




















700 


JOURNAL OF PROCEEDINGS, 


The report was considered immediately, agreed to, and amount 
recommended by the Committee ordered paid. 

The Committee on Contingent Accounts submitted the following 
report : 

The Committee on Contingent Accounts and Expenses, to whom was re¬ 
ferred the resolutions of Mr. McWhite and Mr. Austin in reference to pay 
of Managers, Commissioners and clerks of election of delegates to Consti¬ 
tutional Convention held August 1895, respectfully report that they 
be referred to the next meeting of the Legislature for such action as they 
think proper, because the Act calling this Convention forbids their being 
paid anything. W. T. FIELD, Chairman. 

On motion of Mr. A. J. SMITH, the report was laid on the table. 

REPORT OF THE COMMITTEE ON JUDICIAL DEPART¬ 
MENT. 

The Committee on Judicial Department, to whom was referred the pro¬ 
posed ordinances and resolutions hereinafter mentioned, beg leave to report 
that they have carefully considered the same, and recommend that none of 
them be adopted. To-wit: 

I. An ordinance relating to mechanics’ liens, introduced by Mr. Oliver. 

II. An ordinance to provide that the Constitution shall be submitted to 
the people to be ratified, introduced by Mr. Miller. 

III. Proposed Article 3, introduced by Mr. Aldrich. 

IV. Resolution in reference to the creation of Courts and jurisdiction 
thereof, introduced by Mr. Farrow. 

V. Resolution amending Article 4 of the Constitution, introduced by Mr. 
Bowman. 

VI. Resolution relating to the power of Judges to charge juries, intro¬ 
duced by Mr. Hutson. 

VII. An ordinance to provide a Supreme Court and manner of election, 
introduced by Mr. Dudley. 

VIII. Resolution creating the office of Probate Judge and defining his 
duties, introduced by Mr. Otts. 

IX. Outline of judicial system, introduced by Mr. Stokes. 

X. Resolution as to trial by jury, introduced by Mr Henderson. 

XI. Resolution as to proposing Article 4, introduced by Mr. Clayton. 

XII. An ordinance relating to Judicial Department, introduced by Mr. 
Mower. 

XIII. Resolution as to Article 4, introduced by Mr. Fitch. 

XIV. Resolution as to removal of causes, introduced by Mr. Sloan. 

XV. An ordinance providing for the complete operation of this Constitu¬ 
tion, introduced by Mr. Aldrich. 

All of which is respectfully submitted. 

STANYARNE WILSON, 

For Committee. 


The report was adopted. 








SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 701 


RESOLUTION. 

Mr. ELLERBE introduced the following resolution, which was 
considered immediately and agreed to : 

Resolved, That the Chaplains of this Convention shall receive the sum of 
twenty-five dollars each in addition to the amount already provided for by 
ordinance. 


REQUEST. 

Mr. HUTSON requested that Mr. Mower be substituted in his 
place on the Committee on Order, Style and Revision ; which was 
agreed to. 

The Steering Committee submitted the following report, which 
was considered immediately and agreed to : 

The Steering Committee respectfully report: 

1. That the Calendar of the Convention has been cleared and all matters 
upon the President’s desk disposed of; that nothing* more can be done till 
the Committee on Order, Style and Revision shall make its report, which 
will require a period of several days. 

2. That this Convention do now recede from business till 7:30 P. M. of 
December 3d, 1895; that each delegate, officer and employee be allowed 
mileage at five cents per mile going to his home and returning for the 
recess; that no per diem be allowed for the recess to delegates, officers or 
employees, except to those who remain in Columbia sick during the recess, 
and except to those delegates who shall attend the meetings of the Com¬ 
mittee on Order, Style and Revision, and such clerks as shall be employed 
by them under resolution this day adopted. 

STANYARNE WILSON, 
Chairman. 


At 7 P. M., on motion of Mr. ALDRICH, the Convention ad¬ 
journed until 7:30 P. M. Tuesday, December 3d next. 



702 


JOURNAL OF PROCEEDINGS, 


FIFTY-EIGHTH DAY. 


Tuesday, Decembers, 1895. 


The Convention assembled at 7:30 o'clock P. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. J. C. Abney. 

The Journal of yesterday's proceedings was read and confirmed. 
LEAVES OF ABSENCE. 

Indefinite leave was granted to Mr. J. S. Brice on account of death 
in his family; indefinite leave to Mr. S. E. White. 

Mr. SHEPPARD introduced the following resolutions, which were 
considered immediately and adopted: 

Resolved , That the President of the Convention be, and is hereby, author¬ 
ized to fill the blanks left in the ordinances for the purpose of indicating 
the day of the final adjournment of the Convention. 

J. C. SHEPPARD. 

Resolved , That the Secretary of State be permitted to allow any member 
of this Convention who is absent at the time of the ratification of this Con¬ 
stitution to sign his name thereto at any time before the 31st day of De¬ 
cember present, at which time the same is to go into effect. 

J. C. SHEPPARD. 

Resolved , First. That five hundred copies of the Constitution he printed 
in addition to the number heretofore provided for by resolution. 

Second. That out of said number one copy be sent to each member of the 
General Assembly, except such of them as are members of this Conven¬ 
tion ; that the remainder thereof be disposed of by the Governor, Attorney 
General and Librarian as provided in a resolution heretofore adopted. 

Third. That the sum of fifty dollars, if so much be necessary, be, and the 
same is hereby, appropriated to defray the expense incident to the distri¬ 
bution of the Constitution as herein, and in the previous resolution in rela¬ 
tion thereto, directed. 


J. C. SHEPPARD. 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 703 


Resolved , That the Convention shall adjourn sine die on the fourth day of 
December, 1895. 

J. C. SHEPPARD. 


REPORTS OF STANDING COMMITTEES. 

Mr. FITCH, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report, which was considered immedi¬ 
ately, adopted, and the claim ordered paid : 

The Committee on Contingent Accounts and Expenses, to whom was 
referred the bill of R. L. Bryan for thirty-one 10-100 dollars, respectfully 
report that they have carefully examined the same, and recommend that it 
be paid. 

W. M. FITCH, for Committee. 


ACCOUNTS. 


Mr. HEMPHILL submitted the following account of Charles A. 
Calvo, Jr., which was considered immediately and ordered referred to 
Committee on Contingent Accounts and Expenses : 


The State of South Carolina, 

To Charles A. Calvo, Jr., Dr. 

To printing 200 copies Convention Journal, Nov. 22 to 26, 
inclusive— 

58£ L. P. pp. @ $1.07.$62 99 

13i Brev. pp.=18i L. P. @ $1.07. 19 80 

-$ 82 79 

To printing 200 copies Convention Calendar, Nov. 23 to 26, 
inclusive— 

8 L. P. pp. @ $1.07. 8 56 

To printing 500 copies Permanent Journal, sigs. 39 to 41, in¬ 
clusive— 

30* L. P. pp. @ $1.00.$30 50 

17i Brev. pp.=24£ L. P. @ $1.00. 24 50 

- 55 00 

To printing 200 copies Bill Matter— 

94 pp. $1.87 . 176 18 

-$322 53 


Personally appears Charles A. Calvo, Jr., who, being sworn, says that the 
above account is just and true, and that no part thereof has been paid by 

discount or otherwise. CHARLES A. CALVO, Jr. 


Sworn to before me November 29, 1895. 
GEO. W. PARKER, [L. S.] 

Notary Public, S. C. 










704 


JOURNAL OF PROCEEDINGS, 


Mr. BUIST submitted the account of J. C. Stanley & Bro. for sixty- 
five cents; which was considered immediately and ordered referred to 
Committee on Contingent Account and Expenses : 

Columbia, S. C., November 28, 1895. 
Constitutional Convention, Engrossing Department, 


To J. C. Stanley & Bro., Dr. 

October. 1 gallon fire proof oil. 20 cents. 

2 gallon fire proof oil. 40 cents. 

One-half dozen boxes matches. 5 cents. 


65 cents. 

Also, account of R. L. Bryan & Co. for $5 for supplies for Engross¬ 
ing Department; which was considered immediately and referred to 
Committee on Contingent Accounts and Expenses : 

Columbia, S. C., December 3, 1895. 
Constitutional Convention of South Carolina, 


To R. L. Bryan & Co., Dr. 

Nov. 19. To 2 gross rubber bands. $1 00 

29. To 2 quires journal paper and ruling. 1 50 

Dec. 3. To 1 sheet parchment (telegraphed for). 2 50 


$5 00 

Mr. ERASER, for the Committee on Order, Style and Revision, to 
whom was referred No. 48, an ordinance relating to the age of con¬ 
sent, beg leave to report that they have carefully considered the same, 
and recommend that it be not enrolled. 

The report was adopted and the ordinance rejected. 

Mr. GUNTER, for the Committee on Contingent Accounts and 
Expenses, submitted the following report, which was considered im¬ 
mediate^, adopted, and the claim ordered paid : 

The Committee on Contingent Accounts and Expenses, to whom was 
referred account of N. H. Stansell: 

To 10 days before Convention met at $5.00 per day_$50 00 


To 7 days after, in cleaning up hall at $5.00 per day_ 35 00 

-$85 00 

Less $2.00 per day for 17 days. 34 00 


Balance. $51 00 


Report that as $34.00 lias already been allowed by clerical error it is now 
recommended that the balance of $17.00 be paid to him, respectfully report 
that they have carefully examined the same, and recommend that the sum 
of $17.00 due be paid. 

R. L. GUNTER for Committee. 














SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 705 


Mr. FRASER, for the Committee on Order, Style and Revision, to 
whom was referred No. 58, an ordinance relating to defining the pay 
and mileage of the members, officers and employees of the Conven¬ 
tion, beg leave to report that they have carefully considered the same 
and recommend the following changes herein reported. 

The changes proposed by the Committee were adopted and the 
ordinance ratified. 

Also, No. 65, an ordinance to provide for the payment of the per 
diem and mileage of the delegates, officers and employees, and other 
expenses of the Constitutional Convention, and make appropriations 
for the same, beg leave to report that the same has been enrolled and 
is herewith submitted for ratification. 

The report of the Committee was adopted and the ordinance rati¬ 
fied. 

Also, No. 57, an ordinance to authorize the General Assembly to pro¬ 
vide for a sinking fund in the several Counties of the State, to enable 
the same to do business on a cash basis, beg leave to report that the 
same has been correctly enrolled and herewith presented for ratifica¬ 
tion. 

The report was adopted and the ordinance ratified. 

Also, No. 62, an ordinance relating to the validation of subscrip¬ 
tions to the capital stock of the Cape Fear and Cincinnati Railroad 
Company and the Wadesboro, AVinnsboro and Camak Railroad Com¬ 
pany, beg leave to report that they have carefully considered the 
same and recommend the changes herein reported. 

The report of the Committee was adopted and the ordinance rati¬ 
fied. 

Also, an ordinance, No. 70, in regard to paying the State Printer. 

The Committee beg leave to report that they have carefully con¬ 
sidered the same, and recommend the changes reported within. 

The changes proposed by the Committee were adopted, and the 
ordinance duly ratified. 

Also, an ordinance, No. 59, to provide an alphabetical index and 
marginal notes to the Constitution of A. D. 1895. 

The Committee beg leave to report that they have carefully con¬ 
sidered the same, and recommend the changes within. 

The changes proposed by the Committee were adopted, and the 
ordinance duly ratified. 

Also, No. 62, an ordinance to provide for the payment of interest 
on the public debt of the State to become due on the first day of Jan¬ 
uary, 1896, and to make appropriations to pay the same, beg leave to 


45—500 



706 


JOURNAL OF PROCEEDINGS, 


report that the same has been enrolled and herewith submitted for 
ratification. 

The report of the Committee was adopted and the ordinance duly 
ratified. 

Also, No. 52, an ordinance relating to validate and carry into effect 
the subscriptions to the capital stock of the Carolina, Knoxville and 
Western Railroad Company by the voters of Greenville County, beg 
leave to report that they have carefully considered the same, and 
recommend the changes as herein reported. 

The changes reported by the Committee were adopted and the 
ordinance duly ratified. 

Also, an ordinance, No. 71, to provide for the pay of Commissioners 
and Managers of Elections. 

The Committee beg leave to report that they have carefully con¬ 
sidered the same, and recommend the changes reported within. 

The changes proposed by the Committee were adopted and the ordi¬ 
nance duly ratified. 

The Convention proceeded to the consideration of the Constitution 
with the amendments as reported by the Committee on Order, Style 
and Revision. 

The Committee on Order, Style and Revision, to whom were referred the 
various Articles of the Constitution, that have passed the third reading in 
this Convention, ask leave to report that they have carfully considered the 
same. 

That they have endeavored by the changes they suggest to give accuracy 
and clearness to the language, so as to express the purpose of the Conven¬ 
tion. 

That they have endeavored by the few amendment suggested to carry 
out what they believe to be the wishes of the Convention. 

And that they recommend that the Articles of the Constitution be placed 
in the following order: 

ARTICLE I. 

Declaration of Rights. 

ARTICLE II. 

Right of Suffrage. 

ARTICLE III. 

Legislative Department. 

ARTICLE IV. 

Executive Department. 

ARTICLE V. 

Judicial Department. 

ARTICLE VI. 

Jurisprudence. 

ARTICLE VII. 

Counties and County Government. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 707 


ARTICLE VIII. 

Municipal Corporations and Police Regulations. 

ARTICLE IX. 

Corporations. 

ARTICLE X. * 

Finance and Taxation. 

ARTICLE XI. 

Education. 

ARTICLE XII. 

Charitable and Penal Institutions. 

ARTICLE XIII. 

Militia. 

ARTICLE XIV. 

Eminent Domain. 

ARTICLE XV. 

Impeachments. 

ARTICLE XVI. 

Amendments and Revision. 

ARTICLE XVII. 

Miscellaneous. 

The Committee recommend the following amendments: 

In ARTICLE I.— Declaration of Rights. (Calendar No. 34.) 
Section 17. 

On line 2 in the printed Article strike out the figures “($100)” and pa¬ 
renthesis. 

On line 3 of the printed Article strike out the figures “ (30)” and paren¬ 
thesis. 

On line 6 strike out the letter “s” in the word “offense” and insert the 
letter “c”. 

Section 18. 

On line 1 of the printed Article insert the letter “s” at the end of the 
word “prosecution”. 

On line 5 strike out the letter “s” in the word “defense” and insert 
the letter “ c”. 

On same line strike out the word “ council ” and insert the word “coun¬ 
sel”. 

Section 22. 

On line 2 of the printed Article strike out the letter “ u ” in the word 
‘ against” and insert the letter “n”. 

Section 26. 

On line 5 of the printed Article strike out the letters “ies” in the word 
“ authorities ” and insert the letter “ y ”. 

ARTICLE II.— Right of Suffrage. (Calendar No. 37). 

Section 4. 

On line 19 of the printed Article strike out the word “future” between 
the words “any” and “registration” and insert the word “subsequent”. 

On line 23 between the words “Constitution” and “or” insert the 
words “ submitted to him by the registration officer”. 




708 


JOURNAL OF PROCEEDINGS, 


On line 24 strike out the figures “($300)” and insert the words “three 
hundred dollars”. 

On line 27 strike out the word “for” between the words “collectible” 
and “the” and insert the word “during”. 

Section 6. 

On line 5 of the printed Article strike out the word “and” between the 
words “miscegenation” and “larceny”. 

Section 12. 

On lines 6 and 7 of the printed Article strike out the letters “in” in the 
beginning and the letter “d” at the end of the word “incorporated”, so as 
to make it read “corporate”. 

ARTICLE III.— Legislative Department. (Calendar No. 10). 

Section 3. 

On line 5 of the printed Article strike out the figures “ 1901 ” and insert 
“in the year nineteen hundred and one”. 

On line 9 strike out the words “ or assignment” between the words “ ap¬ 
portioning” and “of”. 

On line 10 insert the word “ further ” between the words “ Provided ” and 
“That”. 

On line 19 insert the word “ further ” between the words “ Provided ” and 
“That ”. 

Section 4. 

On line 6 of the printed Article strike out the word “of” between the 
words “efficiency” and “the” and insert the word “in”. 

Section 5. 

On 1st line of the printed Article strike out the words “be construed to” 
between the words “shall” and “take”. 

On line 2 strike out the words “in any manner” between the words 
“effect” and “until”. 

Section 6. 

On line 2 of the printed Article strike out the word “voters” between 
“qualified” and “in” and insert the word “electors”. 

Section 7. 

On line 3 of the printed Article strike out the word “whence” between 
the words “County” and “he” and insert the words “in which”. 

Section 8. Report rejected and Section recommitted to Committee. 

On line 2 of the printed Article strike out the letters “A. D.” and the 
figures “1893” and insert the words “in the year eighteen hundred and 
ninety-six ”. 

On line 3 strike out the word “provide” between the words “shall” 
and “ for ” and insert the word “ prescribe ”. 

On line 6 strike out the figures “ 1894” and insert the words “ the year 
eighteen hundred and ninety-four”. 

On line 7 strike out the figures “ 1898 ” and insert the words “ the year 
eighteen hundred and ninety-eight ”. 

On line 8 insert the word “one” between the words “that” and “half”. 

Section 9. 

On line 2 of the printed Article strike out the figures “1868” and insert 
the words “the year eighteen hundred and sixty-eight”. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 709 


On line 3 strike out the figures “1895” and insert the words “in the year 
eighteen hundred and ninety-five”. 

On line 4 strike out the figures “ 1896” and insert the words “in the year 
eighteen hundred and ninety-six”. 

On line 5 strike out the word “he” between the words “shall” and 
“convene”; also on same line strike out the letter “d” at the end of the 
word “ convened”. 

On line 6 strike out the letters “A. D.” aud the figures “1897” and insert 
the words “in the year eighteen hundred and ninety-seven”. 

Section 14. 

On line 4 of the printed Article strike out the words “be extended so 
as to” between the words “not” and “protect”. 

Section 15. 

Strike out the word “a” on the first line of printed Article between 
the words “raising” and “revenue”. 

On line 2 strike out the word “and” between the words “Senate” and 
“all”. 

Change Section “20” to “19” and all the following Sections to con¬ 
form. 

Section 20. 

On line 3 of printed Article strike out the word “the” between the 
words “where” and “sessions” and insert the word “its”. On the same 
line strike out the words “of the Legislature” between the words “ses¬ 
sions” and “are”. 

On same line strike out the word “and” between the “words “held” 
and “no”. 

On line 6 at the end of Section strike out the words “and no other”. 

Section 22. 

On line 3 of the printed Article strike out the word “Assembly ” between 
the words “which” and “shall” and insert the word “it”. 

Section 23. 

On line 4 of the printed Article strike out the word “any” between the 
words “of” and “ten”. 

On line 8 strike out the letter “s” from the end of the word “Jour¬ 
nals” at the end of Section. 

Section 25. 

On line 2 of the printed Article strike out the word “whilst” before 
the word “he” and insert the word “while”. 

Section 27. 

On line 2 of the printed Article strike out the words “the executive 
of ” between the words “ upon” and “ the.” 

On line 9 strike out the figures “1881” and insert the words “in the 
year eighteen hundred and eighty-one”. 

On line 11 strike out the letter “d” at the end of the word “engaged” 
between the words “appointed” and “in”. 

Section 29. 

On line 8 of the printed Article strike out the words “of the sum of” 
between the words “value” and “of”. 

On line 13 strike out the words “in case” betweeu the words “that” 
and “any”. Amendment rejected, 



710 


JOURNAL OF PROCEEDINGS, 


On line 19 insert the word “further” between the words “provided” 
and “ that”. 

Section 32. 

On line 4 of the printed Article strike out the words “is subject to sell” 
between the words “it” and “to” and insert the words “can be sold”. 

Section 34. 

Add to end of Section 34 the following sentence: 

“No unmarried woman shall legally consent to sexual intercourse who 
shall not have attained the age of fourteen years.” This being the pro¬ 
vision of an Ordinance passed by this Convention relating to the age of 
consent. 

ARTICLE IV.— Executive Department. (Calendar No. 13.) 

Section 2. 

On line 7 of the printed Article strike out the word “ for” between the 
words “ Provided ” and “by”. 

On line 6 insert between the words “under” and “ this” the words “ the 
authority of”. 

On same line between the words “or” and “any” insert the word “of.”. 

Section 4. 

On line 2 of the printed Article add the letter “s” to the word “Board”. 

On same line strike out the words “for their” between the words “can¬ 
vassers” and “respective” and insert the words “in the”. 

On line 5 insert a semicolon (;) after the ward “ Assembly ”. 

On same line strike out the word “a” between the words “and” and 
“ duplicate ”. 

On same line add the letter “s” to the word “duplicate”. 

Online 6 strike out all after the word “Counties” down to the word 
“it” on line 8 and insert the following: “It shall be the duty of any 
Clerk of Court to forward to the Secretary of State a certified copy of said 
returns upon being notified that the returns previously forwarded by. mail 
have not been received at this office.” 

On line 6 insert a period (.) after the word “Counties”. 

On line 10 strike out the word “counted” between the words “been” 
and “if” and insert the words “canvassed by the County Board.” 

Section 7. 

On line 3 of the printed Article strike out the word “exercise” between 
the words “shall” and “the” and insert the word “fill”. 

Section 8. 

On lines 1 and 2 of the printed Article strike out the words “ or of the 
House of Representatives being chosen and” between the words “Senate” 
and “acting”. 

Section 9. 

Add to end of Section the following sentence: 

“ In case of the temporary disability of the Governor the Lieutenant 
Governor shall perform the duties of the Governor”. 

Section 11. 

On line 11 of the printed Article strike out the word “therefor” be¬ 
tween the words “reasons” and “to”. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 711 


Section 13. 

On liDe 2 of the printed Article strike out the word “a” between the 
words “service” and “compensation”. 

On same line add the letter “ s” to the end of the word “service”. 

Section 15. 

On line 3 of the printed Article strike out the word “judge” between 
the words “ shall” and necessary” and insert the word “ deem”. 

Section 16. 

On line 2 of the printed Article strike out the word “ and ” between the 
words “Assembly” and “should” and insert the words “ in extra session” 
and add a period (.) after the word “ session”. 

On same line begin the word “ should” with a capital “ S ”. 

On line 3 insert between words “houses” and “ with” the words “ dur¬ 
ing any session ”. 

On same line between the words “adjournment” and “may” insert the 
word “he”. 

Section 20. 

On line 3 of the printed Article fill blank after Article with the Roman 
letters “III” and the blank after Section with the figures “26”. 

Section 21. 

On line 2 of the printed Article insert between the words “ contagion ” 
and “but” the words “or the emergencies of war”. 

Section 22. 

On line 2 of the printed Article strike out the words “ County officer or 
any other” between the words “any” and “ officer”. 

On line 4 strike out the word “ the” between the words “direct” and 
“immediate”. 

On line 5 strike out the words “of such officers” between the words 
“prosecutions” and “ by”. 

On line-7 strike out the word “ and ” beteween the words “jury and 
in,” and begin the word “ in ” with a capital. 

Section 23. 

On line 4 of the printed Article strike out the words “ shall have” be¬ 
tween the words “it” and “originated”. 

At the end of line 14 strike out the word “and” and begin the word “if” 
with a capital. 

At the end of line 19 strike out the words “ shall have” after the word 
“Bill”. 

On line 25 strike out the words “of the members elected to each” be¬ 
tween the words “two-thirds” and “of”. 

On line 30 strike out the word “their” before the word “adjourn¬ 
ment”. 

On line 31 strike out the letters “ir” in the word “ their” between the 
words “after” and “next”. 

Section 24. 

On line 5 of the printed Article insert a semicolon (;) between the 
words “ qualified” and “and”. 

ARTICLE V.— Judicial Department. (Calendar No. 42.) 

Section. 6. 

On line 6 of the printed Article strike out the word “of” between the 
words “Court” and “the” and insert the word “or”. 




712 


JOURNAL OF PROCEEDINGS, 


Section 15. 

Line 2, strike out “s” at end of “appeals”. 

Section 18. 

Line 5, insert comma (,) after “Courts”. 

On line 4 of the printed Article insert between the words “concurrent” 
and “as” the words “jurisdiction with”. 

On same line strike out the comma (,) after the word “appellate” and 
insert a comma (,) between the words “from” and “the”. 

Section 20. 

Line 8 change “office” to “offices”. 

Section 21. 

On line 6 of the printed Article insert between the word “Provided ” 
and “such” the word “further”. 

Section 22. 

On the first line of the printed Article strike out the letter “ s” in the 
word “ offense ” and insert the letter “c”. 

On line 8 strike out the word “voter” between the words “qualified” 
and “under” and insert the word “elector”. 

Section 23. 

On lines 3 and 7 of the printed Article strike out the letter “s” in the 
word “offense” and insert the letter “c”. 

Article 1, Declaration of Rights, was read and adopted with the 
amendments proposed by the Committee. 

Article 2, Right of Suffrage, was read and adopted with the amend¬ 
ments proposed by the Committee. 

Article 3, Legislative Department. 

Sections 1, 2, 3, 4, 5, 6 and 7 were read and adopted with amend¬ 
ments proposed by the Committee. 

Section 8, on motion of Mr. GEORGE JOHNSTONE, was recom¬ 
mitted to the Committee on Order, Style and Revision. 

Sections 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 
25, 26 and 27 were read and adopted with the amendments proposed 
by the Committee. 

Section 28. On motion of Mr. GEORGE JOHNSTONE, the recom¬ 
mendation of the Committee to strike out the words “in case” after 
the first “ Provided , That” was rejected. 

Sections 29, 30, 31, 32, 33, 34 and 35 were read and adopted with 
the amendments recommended by the Committee. 

Article 4, Executive Department, was read and adopted with the 
amendments proposed by the Committee. 

Article 5, Judicial Department, was read and adopted with the 
amendments proposed by the Committee. 

On motion of Mr. BUIST, at 10:30 P. M., the Convention 
adjourned until 11 A. M. to morrow. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 713 


FIFTY-NINTH DAY. 


Wednesday, December 4, 1895. 


The Convention assembled at 11 o'clock A. M. 

The Secretary called the roll. 

The PRESIDENT took the chair. 

A quorum being present, the deliberations were opened with prayer 
by the Rev. Mr. Parrott. 

The Journal of yesterday's proceedings was read and confirmed. 
REPORTS OF STANDING COMMITTEES. 

Mr. BUIST, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report, which was considered imme¬ 
diately, adopted and the claim ordered paid : 

Account of R. L. Bryan & Co. for $5.00, for stationery for Engross¬ 
ing Department. 

Mr. BUIST, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report, which was considered imme¬ 
diately, adopted and the claim ordered paid : 

Claim of J. C. Stanley & Bro. for sixty-five cents. 

Mr. FIELD, for the Committee on Contingent Accounts and Ex¬ 
penses, submitted the following report, which was considered imme¬ 
diately, adopted and the claim ordered paid : 

Account of Chas. A. Calvo, Jr., for printing, $322.53. 

Mr. BEHRE introduced the following : 

jResolved, That this Convention request of Hon. Julian Mitchell and Hon. 
E. J. Kennedy copies of the speeches made by them on the report on Edu¬ 
cational Article, after they have revised the same, and that the same be 
printed in the Journal of this Convention for future information. 

Which was referred to Committee on Contingent Accounts and Ex¬ 
penses. 

Mr. BEHRE moved to reconsider the vote whereby the resolution 
was referred to the Committtee on Contingent Accounts and Expenses, 
and to be permitted to withdraw the same. 

REMARKS OF MR. MITCHELL ON MR. BEHRE’S MOTION TO 
RESCIND ORDER OF REFERENCE AND WITHDRAW 
RESOLUTION. 

While I appreciate the compliment paid me by the motion made to have 
my remarks on education printed, I sincerely trust the Convention will con- 






714 


JOURNAL OF PROCEEDINGS, 


sent to the motion from the gentleman from Colleton, now made at my re¬ 
quest, to withdraw his resolution. Had I had an inkling of the course pro¬ 
posed I should have earnestly protested. 

The kind and considerate attention of the Convention to the remarks I 
have heretofore made has been a sufficient appreciation of my trying to 
do my duty, without more. 

It certainly would be going too far to draw any distinction by having my 
remarks printed. 

Many arguments before the Convention are entitled to more consideration 
than anything I have said, and it would be distasteful to me for the Con¬ 
vention to do otherwise than grant the motion of the gentleman from Col¬ 
leton, now made, to rescind the order of reference and withdraw the resolu¬ 
tion. 

The motion of Mr. BEHRE was agreed to, and the resolution with¬ 
drawn. 

Mr. ALDRICH introduced the following, which was considered 
immediately and adopted : 

Resolved, That the five hundred copies of the permanent Journal of the 
proceedings of this Convention heretofore ordered be bound in permanent 
form, properly indexed, and shall be distributed as follows: 

One copy to each member of this Convention, and one to the widow of 
any deceased member, one copy to each of the departments and officers of 
the State Government; the remaining copies to be deposited in the State 
Library to be disposed of as the General Assembly may direct. 

The Convention proceeded to the consideration of the Constitution, 
with the recommendations of the Committee. 

Mr. ERASER, for the Committee on Order, Style and Revision, 
submitted the following as a substitute for Section 8, Article III. 
The report of the Committee was agreed to, and the substitute was 
read and adopted as Section 8 : 

Strike out all of Section 8 down to the words “ Senators shall be so classi¬ 
fied” and insert the following: 

The first election for members of the House of Representatives under 
this Constitution shall be held on Tuesday after the first Monday in Novem¬ 
ber, eighteen hundred and ninety-six, and in every second year thereafter, 
in such manner and at such places as the General Assembly may prescribe; 
and the first election for Senators shall be held on Tuesday after the first 
Monday in November, eighteen hundred and ninety-six, and every fourth 
year thereafter, except in Counties in which there was an election for 
Senator in eighteen hundred and ninety-four for a full term, in which 
Counties no election for Senator shall be held until the general election to 
be held in eighteen hundred and ninety-eight, and every fourth year there¬ 
after, except to fill vacancies. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 715 


REPORT OP COMMITTEE ON ORDER, STYLE AND 

REVISION. 

ARTICLE VI.— Jurisprudence. (Calendar No. 46). 

Section 1. 

On the 1st line of the printed Article strike out the word “such” be¬ 
tween the words “pass” and “laws”. 

On lines 1 and 2 strike out the words “ as may he necessary and proper 
to decide” and insert the word “allowing”. 

On line 2 between the words “ deferences ” and “by” insert the words 
“ to be decided”. 

On line 3 strike out the word “summary” between the words “that” 
and “mode”. 

Section 2. 

At the end of the 1st line of the printed Article strike out the words 
“the necessary”. 

On line4 strike out “trial” after “ such” and insert “action ”, 

Online 6 strike out the 1st letter “s” in the word “offenses” and 
insert the letter “c”. 

On line8 strike out the letter “s” in the word “offense” and insert 
the letter “ c ”. 

Section 5. 

On line 6 of printed Article strike out the word “civil” between the 
words “General” and “Statutes”. 

On line 8 strike out the figures “ 1900” and insert the words “nineteen 
hundred ”. 

In line 15 strike out the letter “ s” at the end of the word “ codes”. 

Section 6. 

On line 18 between the words “against” and “a” strikeout “whom” 
and insert “ which”. 

Section 6. 

At the end of line 2 of printed Article strike out the word “such” 
after the word “ from” and insert the word “ said”. 

On line 3 between the words “through” and “negligence” insert the 
word “his”. 

On line 7 strike out the word “henceforth” between the words “ Gov¬ 
ernor” and “be”. 

On line 10 between the words “County” and “other” insert the words 
“ in the same Circuit ”. 

On line 11 strike out “ s” in “ offense ” and insert “ c”. 

On line 12 strike out the words “ in the same Circuit” before the word 
“ the”, and insert a period (.) after the word “ elect” on the end of line 11. 

On line 14 strike out the word “where” between the words “lynching” 
and “death” and insert the word “when”. 

ARTICLE VII.— Counties and County Government. (Calendar No. 29.J 

Section 1. 

On line 1 of printed Article strike out the words “ from time to time ” 
between the words “may” and “establish”. 



716 


JOURNAL OP PROCEEDINGS, 


On line 2 strike out the word “ voters ” at the end, after the word 
“ qualified,” and insert the word “electors”. 

On line 7 substitute “ electors” for “voters”. 

On line 3, Section 7, substitute “electors” for “voters”. 

Section 2. 

On line 2 add the letter “s” to the word “question” between the 
words “such” and “then”. 

Section 12. 

Substitute “the first day of January, eighteen hundred and ninety- 
six,” for # “ January 1st, 1896”. 

We recommend that Section 13 of the Article on Municipal Corpora¬ 
tions and Police Regulations be added to this Article as Section 14, as 
follows: 

Section 14. Hereafter no County lines shall be so established as to pass 
through any incorporated city Or town of this State. 

ARTICLE VIII.— Municipal Corporations and Police Regulations. 

(Calendar No. 9.J 


Section 1. 

On the 1st line of the printed Article strike out the word “ Legislature” 
between the words “the” and “shall” and insert the words “General 
Assembly ”. 

On line 3 strike out the words “by general laws” between the words 
“defined” and “so”. 

Section 3. 

On the 1st line of the printed Article strike out the word “Legislature” 
between the words “ the” and “shall” and insert the words the “General 
Assembly”. 

Section 4. 

On line 3 strike out the word “and” between the words “uses” and 
“to” and insert the word “or”. 

Section 7. 

On line 3 of the printed Article strike out the letter “d” at the end of 
the word “valued” between the words “assessed” and “of”. 

At the end of line 8 strike out the word “issued” after the word “in¬ 
debtedness”. 

At the end of line 12, being the end of the Section, add the following: 

“ Nothing herein contained shall prevent the issuing of bonds to an 
amount sufficient to refund bonded indebtedness existing at the time of 
the adoption of this Constitution.” 

Section 8. 

On line 5 substitute “electors” for “voters”. 

Section 9. 

On line 3 of the printed Article strikeout the words “character of ” 
between the words “other” and “armed”. 

On line 5 substitute “electors” for “voters”. 

Section 11. 

At the end of line 13 of the printed Article after the word “delegate” 
insert the words “to any municipal corporation”, and at the end of line 14 
strike out the words “ to any municipal corporation” after the word “ same”. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 717 


Section 12. 

Substitute “General Assembly” for “Legislature”. 

Section 13. 

Strike out the entire Section, it having been added to Article VII, 
Counties and County Government, as Section 14. 

ARTICLE IX.— Corporations. (Calendar No. 30.) 

Section 2. 

On the 1st line of the printed Article strike out the letter “s” at the 
end of “corporations” betwen the words “of” and “shall”. 

On line 9 insert the word “a” between the words “for” and “special”. 

Section 4 of the printed Article. 

On line 4 strike out the letter “r” at the end of the word “officer” 
between the words “public” and “for”. 

Section 5. 

On the 1st line of the printed-Article strike out the word “for” between 
the words “transportation” and “the” and insert the word “of”. 

On line 4 strike out the word “ and ” between the words “ places and 
persons” and insert the word “or”. 

On line 9 strike out the word “over” between the words “transported” 
and “ any” and insert the word “ by”. 

On line 9 strike out the word “ by” between the words “or” and “ any”. 

At the end of line 13, being the end of the Section, add the following: 

“This Section shall not prevent the Railroad Commission from making 
such competitive rates as shall in their judgment be just and equitable be¬ 
tween the railroads and the public at all junctional and competitive points, 
or at points where water competition controls the traffic, or at points where 
the competition of points located in other States may make necessary the 
prescribing of different rates for the protection of the commerce of this 
State.” 

Section 11. 

On lines 2 and 3 of the printed Article strike out the words “by the 
cumulative plan, that is to say,” between the words “ Corporations” on line 
2 and “so” on line 3. 

Section 13. 

On line 3 of the printed Article strike out the words “inimical to” 
between the words “ agreements” and “the”, and insert the word “ against”. 

Section 14. 

On lines 4, 5, 6 and 7 of the printed Article strike out all after the word 
“law” on line 4 down to the word “and” on line 7, and strike out after the 
word “Commissioners” on line 10 the “period” andinserta colon, and add 
thereafter the following words: 

“Provided, That the members thereof shall be elected at the expiration 
of the terms of the present Railroad Commissioners, who are hereby con¬ 
tinued in office for the terms for which they were elected.” 

Section 15. 

On line 10 of the printed Article strike out the letter- “s” in the word 
“defense” and insert between the letters “n” and “e” tire letter “c”. 

Section 17. 

On line 5 of the printed Article strike out between the words “the” 
and “by” the word “reception” and insert the word “acceptance”. 





718 


JOURNAL OF PROCEEDINGS, 


Section 18. 

On the iirst line of the printed Article between the words “all” and 
“corporation” insert the word “insolvent”. 

On the first line strike out the words “in case of insolvency” between 
the words “corporation” and “shall”. 

Section 19. 

Strike out Section 19 of printed Article and place it at the end of the 
Article as Section 21. 

Change Section 20 to Section 19. 

Change Section 21 to Section 20. 

Section 20. 

On line 2 of the printed Article insert between the words “made” and 
“or” the words “to the owner”. 

On line 3 strike out the words “to the owner” between the words 
“money and irrespective” and add at the end of the Article*the following: 

“Section 21. The General Assembly shall enforce the provisions of this 
Article by appropriate legislation.” 

ARTICLE X.— Finance and Taxation. (Calendar No. 12.) 

Section 1. 

On line 2 of the printed Article strikeout the word “such” between 
the words “prescribe” and “regulations”. 

At the end of line 2 strike out the words “as shall” after the word 
“regulation” and insert the word “to”. 

On line 4 strike out the word “proceeds” between the words “the” and 
“of” and insert the word “products”. 

At the end of line 9 strike out the word “may” after the word “ and”. 

At the beginning of line 10 strike out the word “provide” before the 
word “for”. 

Section 2. 

On line 3 of the printed Article strike out the word “such” between 
the words “that” and “ordinary” and insert the word “the”. 

Section 3. 

On line 2 of the printed Article strike out the word “such” between 
the words “object” and “tax” and insert the word “the”. 

Section 5. 

On line 8 strike out the figure “3” and substitute the figure “12”. 

On line 27 of the printed Article strike out the word “no” between the 
words “upon” and “territory” and insert the word “any”. 

On line 28 strike out the word “ever” between the words “ shall ” and 
“exceed” and insert the word “never”. 

On line 30 strike out the word “ issuing” between the words “ the” and 
“of” and insert the word “issue”. 

Section 6. 

On line 2 of the printed Article strike out the letter “ s ” at the end of 
the word “associations” between the words “company” and “or”. 

On line 7 between the words “and” and “ expenses” insert the word 
“ Court ”. 

On line 8 strike out the words “of Court” between the words “ex¬ 
penses” and “and”. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 719 


Section 9. 

At the beginning of 1st line of printed Article strike out the word “ no ” 
and commence the word “money” with a capital. 

On the 1st line strike out the word “but” between “treasury” and “in” 
and insert the word “ only”. 

Section 11. 

On line 4 after the word “interest” insert a comma. 

ARTICLE XI.— Education. (Calendar No. 41.) 

Section 5. 

On line 5 of the printed Article strike out the figures “10,000” and 
insert the words “ten thousand”. 

Section 6. 

On line 11 of the printed Article after the sentence ending in the word 
“prescribe” add the following sentence: 

“The General Assembly shall define ‘enrollment.’” This sentence is 
placed at the end of this Section by the Convention. 

Online 25 strike out the figures and letters “31st” and insert “the 
thirty-first day ”. 

On line 25 strike out the figures “1895” and insert “in the year 
eighteen hundred and ninety-five ”, 

At the end of line 35 and the beginning of line 36 strike out the letters 
and figures “A. I).” “1898” and insert the words “in the year eighteen 
hundred and ninety-eight”. 

At the end of line 43 and on line 44 strike out the words “ The General 
Assembly shall define enrollment”. 

Section 8. 

On line 2 of the printed Article strike out the word “and” between 
“College” and “the”. 

On line 3 insert between the words “ College” and “as” the words “a 
branch thereof”. Also on same line insert a comma (,) after the word 
“thereof”. 

Online 5 between the words “passed” and “July” insert the words 
“ the second day of”. 

On line 5 strike out the figures “2”, “1862”, and insert “in the year 
eighteen hundred and sixty-two”. 

On line 9 insert the letter “i” between the letters “1” and “n” in the 
word “ Claflin” between the words “from” and “University”. 

Section 11. 

Online 7 of the printed Article between the words “ approved ” and 
“December” insert the words “the twenty-fourth day of”. 

On line 7 strike out the figures “24”, “1891”, and insert the words “in 
the year eighteen hundred and ninety-one”. 

Section 12. 

On line 5 between the words “taxes” and “provided” appears in the 
original the word “so”, which must be stricken out; the printed Section is 
correct. 

On line 8 strike out the word “where” between the words “levied” and 
“the” and insert the word “ when”. 

On line 9 strike out the word “and” between the words “aforesaid” and 
“from”. 





720 


JOURNAL OF PROCEEDINGS, 


ARTICLE XII.—Charitable and Penal Institutions. (Calendar No. 19.) 

Section 6. 

On line 2 of ttie printed Article between the words “ or” and “ Counties ” 
insert the words “of the”. 

Section 8. 

Strike out Section 8 as appears in the printed Article and insert the fol¬ 
lowing therefor: 

“ Section 8. The Governor shall have power to remove any of the afore¬ 
said officers. He shall also have power to fill all vacancies, caused by re¬ 
moval or otherwise, that may occur in any of the offices aforesaid, except 
when otherwise provided for, until the next session of the General Assem¬ 
bly thereafter, and until a successor or successors shall be appointed and 
confirmed.” 


ARTICLE XIII.— Militia. (Calendar No. 32.) 


Section 2. 

On the first line of the printed Article strike out the word “military” 
between the words “and” and “forces” and insert the word “militia”. 

On line 2, at the end, after the word “while” insert the words “in 
service or”. 

Section 4. 

On line 4 of the printed Article strike out a comma after the word “ law” 
and insert a period. 

On line 4 strike out the word “and” between the words “law” and “the” 
and commence the word “the” with a capital. 

On line 4 between the words “the” and “consent” insert the words 
“advice and”. 

Section 5. 

At the end of line 6 of the printed Article strike out the words “now 
dead” after the w T ord “sailors”. 


ARTICLE XIV.— Eminent Domain. (Calendar No. 63. J 
Section 1. 

On line 3 of the printed Article strike out the word “other” between tbe 
words “all” and navigable”. 

ARTICLE XV.— Dipeachments. (Calendar No. 18.) 

Section 1. 

On line 3 of the printed Article strike out the comma after the word 
“impeachment” and insert a period. 

On line 3 strike out the word “and” between the word “impeachment” 
and “any” and begin the word “any” with a capital. 

On line 4 strike out the words “their places” between the words “ and” 
and “shall” and insert the words “the office”. 

Section 2. 

On line 4 of the printed Article strike out the word “is” between the 
words “he” and “disqualified” and insert the word “be”. 





SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 721 


ARTICLE XVI— Amendments and Revision. (Calendar No. 14.) 

Section 1. 

Strike out on lines 8, 9 and 10 all after the word “amendments” on line 
8 down to the word “the” on line 10. 

Section 8. 

On line 3 of the printed Article between the words “vote” and “at” 
insert the words “for or against a Convention”. 

On line 4 strike out the words “for or against a Convention” between 
the words “Representatives” and “and”. 

On line 6 strike out the word “their” between the words “at” and 
“next” and insert the word “its”. 

ARTICLE XVII.— Miscellaneous. (Calendar No. 27.) 

Section 1. 

On line 2 of the printed Article strike out the letters “es” at the end of 
the word “possesses” between the words “he” and “the”. 

On line 4 strike out the word “and” between the words “years” and 
“who”. 

Section 7. 

On line 2 insert a semicolon between the words “State” and “and”. 

Section 8. 

On line 3 of the printed Article insert a comma between the words 
“officer” and “upon” and between the words “thereof” and “shall”. 

On line 4 strike out the word “that” between the words “and” and 
“the ”. 

Add to the end of the printed Article the printed Article known as 
“Schedule,” Calendar No. 67, as Section 11, and strike out the word 
“Schedule”. 

Section 11. 

On line 4 strike out the words “and constitutional when enacted” be¬ 
tween the words “State” and “at”. 

On line 5 insert the words “ and constitutional when enacted ” between 
the words “therewith” and “shall”. 

On line 38 strike out the figures “1868” and insert the words “ eighteen 
hundred and sixty-eight”. 

On line 39 strike out the figures “1896” and the letters “A. D.” and in¬ 
sert the words “in the year eighteen hundred and ninety-six”. 

On line 41 strike out the figures “31st” and insert the words “thirty- 
first”. 

On line 42 strike out the letters “A. D.” and insert the words “in the 
year.” 

On the next line strike out the word “ Section” and the figure “9” and 
insert the word “ninth”. 

On the same line strike out the figures “1868” and insert the words 
“ eighteen hundred and sixty-eight”. 

The Committee recommends that in all cases where the words “voter' 7 
or “voters” are used that the words “elector” or “electors” be substi¬ 
tuted. Also .that the words “ General Assembly” be substituted where the 
word “ Legislature” is used. 

46—500 



722 


JOURNAL OF PROCEEDINGS, 


Your Committee have directed the Constitution to he printed so as to 
show the changes proposed by them. The printed copies will be placed on 
the desks of the delegates. 

Respectfully submitted, 

T. B. FRASER, Chairman. 


Article VI, Jurisprudence. 

Sections 1, 2, 3 and 4 were read and adopted with the amendments 
proposed by the Committee. 

Section 5. Mr. BELLINGER asked and obtained unanimous con¬ 
sent to strike out the words “ nineteen hundred ” and insert in lieu 
thereof the words “nineteen hundred and one.” 

The Section as amended was adopted. 

Section 6 was read and adopted with amendments proposed by the 
Committee. 

The Article was then adopted as amended. 

Article VII, Counties and County Government, was read and 
adopted with amendments proposed by the Committee. 

Article VIII, Municipal Corporations and Police Regulations, was 
read and adopted with amendments proposed by the Committee. 

Article IX. Section 1 was read and adopted with amendments pro¬ 
posed by the Committee. 

Section 2. Mr. FRASER moved that the word “Legislature” in 
the first part of the Section be stricken out and the words “ General 
Assembly ” inserted in lieu thereof ; which was agreed to. 

Also, to insert after the words “ two-thirds vote” in the proviso the 
following : “of each house which was agreed to. 

Section 2 as amended was read and adopted. 

Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 
were read and adopted. 

Section 19. On motion of Mr. McMAHAN, the word “ whomso¬ 
ever ” in the middle of the Article was stricken out and “ whatsoever ” 
inserted in lieu thereof. 

The Section as amended was read and adopted. 

Sections 20 and 21 were read and adopted with amendments pro¬ 
posed by the Committee. 

The Article as amended was adopted. 

Article X was read and adopted with amendments proposed by the 
Committee. 

Article XI was read and adopted with amendments proposed by the 
Committee. 

Article XII. Sections 1, 2, 3, 4, 5, 6 and 7 were read and adopted. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 723 


Section 8. Mr. FRASER asked and obtained permission to with¬ 
draw the amendment proposed by the Committee, and to insert in lieu 
thereof the Section as originally adopted. 

Section 9 was read and adopted. 

The Article as amended was adopted. 

Article XIII was read and adopted with amendments proposed by 
the Committee. 

Article XIV was read and adopted with amendments proposed by 
the Committee. 

Article XV was read and adopted with amendments proposed by 
the Committee. 

Article XVI. Section 1, on motion of Mr. HUTSON, was recom¬ 
mitted to the Committee on Order, Style and Revision. 

Sections 2 and 3 were read and adopted with amendments proposed 
by Committee. 

Article XVII was read and adopted with amendments proposed by 
the Committee. 

Mr. EFIRD, for the Committee on Order, Style and Revision, sub¬ 
mitted the following report on 

ARTICLE XVI.— Amendment and Revision of the Constitution. 

Section. Any amendment or amendments to the Constitution may be 
proposed in the Senate or House of Representatives. If the same be 
agreed to by two-thirds of the members elected to each house, such 
amendment or amendments shall be entered on the journals respectively, 
with the yeas and nays taken thereon; and the same shall be submitted to 
the qualified electors of the State at the next general election thereafter 
for Representatives; and if ar majority of the electors qualified to vote for 
members of the General Assembly, voting thereon, shall vote in favor of 
such amendment or amendments, and a majority of each branch of the next 
General Assembly shall, after such an election, and before another, ratify 
the same amendment or amendments by yeas and nays, the same shall be¬ 
come part of the Constitution : Provided, That such amendment or amend¬ 
ments shall have been read three times, on three several days, in each 
house. 

AVhich was considered immediately and adopted as Section 1. 

Article XVI as amended was adopted. 

Section 1 as amended was read and adopted. 

Mr. FRASER, for Committee on Order, Style and Revision, sub¬ 
mitted the following report : 

The Committee on Order, Style and Revision beg leave to report that 
they continued the work on the Constitution during the recess, as provided 
by the resolution of the Convention, and the result of their labors appear 
in the reports submitted to the Convention. 





724 


JOURNAL OF PROCEEDINGS, 


They also beg leave to submit the following statement of expenses and 
allowances provided for by the resolution of the Convention as they under¬ 
stand it: 

For the following members of the Committee on Order, Style and Re¬ 
vision, besides mileage, as follows: 

T. B. Fraser, six days at $4 per day, $24. 

C. M. Elird, five days at $4 per day, $20. 

J. C. Sheppard, six days at $4 per day, $24. 

G. S. Mower, six days at $4 per day, $24. 

Julian Mitchell, Sr., four days at $4 per day, $16. 

W. J. Gooding, four days at $4 per day, $16. 

J. E. Ellerbe, two days at $4 per day, $8. 

Robert Aldrich, three days at $4 per day, $12. 

D. S. Henderson, one day at $4 per day, $4. 

Stanyarne Wilson, one day at $4 per day, $4. 

For the following clerks who have been in the employment of the Com¬ 
mittee, besides mileage: 

Wm. H. Yeldell, six days at $4 per day, $24. 

G. D. Smith, six days at $4 per day, $24. 

G. H. Charles, six days at $4 per day, $24. 

R. L. Freeman, six days at $4 per day, $24. 

C. S. Bull, eight days at $4 per day, $32; no mileage. 

J. G. Harmisson, seven days at $4 per day, $28; no mileage. 

J. Bahlman, five days at $4 per day, $20; no mileage. 

Council Cross for labor done, besides mileage, 6 days at $1.50 per day, $9. 
The printed bills will be presented in the usual course of business as to 
this matter. 

All of which is respectfully submitted, 

T. B. FRASER, 
Chairman of Committee. 

On motion of Mr. W. D. EVANS, the words “besides mileage," 
wherever the same occur, were stricken out. 

The report as amended was adopted. 

Mr. E. J. KENNEDY, at 2 P. M., moved that the Convention do 
now recede from business until 4 P. M. this day ; which was agreed to. 


RECESS. 

The PRESIDENT resumed the chair at 4 P. M. 

Mr. W. D. EVANS moved to reconsider the vote whereby the Con¬ 
vention agreed to strike out the words “ besides mileage” wherever 
the same occur in the report submitted by Mr. Fraser for Committee 
on Order, Style and Revision, printed in the Journal of this morning; 
which was agreed to. 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 725 


Mr. W. D. EVANS moved to amend by reinserting the words “ be¬ 
sides mileage 39 wherever the same were ordered stricken out; which 
was agreed to. 

REPORT OF STANDING COMMITTEE. 

Mr. FRASER, for the Committee on Order, Style and Revision, 
submitted the following report, which was considered immediately 
and adopted : 

Resolved , That the sum of four dollars per diem be, and the same is here¬ 
by, allowed to J. G. Harmisson, C. S. Bull and J. Bahlman, each, clerks 
and expert penmen in the service of the Committee on Order, Style and Re¬ 
vision, for two days of additional service performed by them, respectively. 

Upon the final ratification of the Constitution as a whole a yea 
and nay vote was called and resulted as follows : 

Yeas, 116 ; nays, 7. 

Those who voted in the affirmative are: 

Yeas—Hon. John Gary Evans, President, and Messrs. Aldrich, 
Alexander, Ashe, Atkinson, Austin, Barry, Barton, Behre, Bellinger, 
Bobo, Bowman, Bradham, Breazeale, T. W. Brice, Bryan, Buist, Burn, 
Cantey, Carver, Clayton, Connor, Dellay, Dennis, Douglass, Doyle, 
Efird, Ellerbe, Estridge, W. D. Evans, Field, Fitch, Floyd, Fraser, 
Gage, Gamble, J. L. Glenn, J. P. Glenn, Gooding, Graham, Gray, 
Gunter, Hamel, Harris, Harrison, Hay, Haynsworth, Hemphill, D. S. 
Henderson, Hiers, Houser, Jervey, T. E. Johnson, George Johnstone, 
Ira B. Jones, Keitt, E. J. Kennedy, J. W. Kennedy, Lee, Lowman, 
Lybrand, McCalla, McCaslan, McCown, McDermotte, McKagen, 
McMahan, McMakin, McWhite, Matthews, Meares, Mitchell, J. D. 
Montgomery, W. J. Montgomery, Moore, Morrison, Mower, Murray, 
Nash, Nathans, Nicholson, Otts, Parrott, Patterson, Peake, Prince, 
Ragsdale, Redfearn, Rogers, Rosborough, Rowland, Russell, Scar¬ 
borough, Sheppard, Shuler, Singletary, Sligh, Sloan, A. J. Smith, 
R. F. Smith, W. C. Smith, Smoak, Stackhouse, Stribling, Sul¬ 
livan, Taylor, G. D. Tillman, Timmerman, Von Kolnitz, Waters, 
Wells, A. Ii. White, Wiggins, W. B. Wilson, Winkler, and Wood¬ 
ward.—116. 

Those who voted in the negative are : 

Nays—Messrs. Anderson, Dudley, Miller, J. H. Read, I. R. Reed, 
Smalls, and Wigg.—7. 

REASONS FOR VOTING. 

I vote “aye” believing that the Constitution is as good as could be attain¬ 
able. 





726 


JOURNAL OF PROCEEDINGS, 


The Homestead Article I protest against as destructive of the homes of 
the people and fatal to our prosperity, tending to build up a landed aristo¬ 
cracy and create a poverty-stricken peasantry. 

HENRY C. BURN. 

On the adoption of the Constitution as a whole I voted “yes,” but there 
are several matters incorporated therein which I opposed when passed, and 
which I still believe to be wrong. 

T. I. ROGERS. 

On motion of Mr. FRASER, at 4:30 P. M., the Convention receded 
from business until 7:30 P. M. this day. 


RECESS. 

The PRESIDENT resumed the chair at 7:30 P. M. 

Mr. FRASER, for the Committee on Order, Style and Revision, to 
whom was referred the Constitution of the State of South Carolina 
as adopted at this Convention, begs leave to report that the same has 
been properly enrolled and herewith presented for ratification ; which 
was received as information. 

By request, the following w’ere ordered spread upon the Journal : 

REASONS FOR NOT VOTING. 


Upon the question of the adoption of the Constitution if I had been pres¬ 
ent I would have voted “aye.” 


C. J. C. HUTSON. 


R. B. Watson was absent when the vote on the final adoption of the Con¬ 
stitution was had. If he had been present he would have voted “ aye.” 

R. B. WATSON. 

On the question of the final adoption of the Constitution I was absent 
when my name was called. Had I been present I would have voted “ aye.” 

R. L. HENRY. 

Mr. GARY states that he was temporarily absent at the vote upon the 
final passage of the Constitution. Had he been present he would have 
voted “ aye.” 

On the question of the final adoption of the Constitution I was absent 
when my name was called. Had I been present I would have voted “ aye.” 

J. C. IvLUGH.' 







SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 727 


REASONS EOR VOTING. 

I voted “ no ” on final adoption of the Constitution for the reason that 
there are many matters in the Constitution I voted against because I 
thought unwise, and still hold to that opinion. 

T. E. DUDLEY. 

My reason for voting “no” on the question of adopting the Constitution 
as a whole is: I have been from the beginning opposed to the understand¬ 
ing clause in the Article on Suffrage, believe it will be upset if tested in the 
United States Court, believe it opens the door for fraud, and think it un¬ 
necessary, inasmuch as other provisions in the Article, which are beyond 
suspicion of unfairness, will accomplish the desired end, i. e., securing white 
supremacy. I. HARLESTON READ. 

Mr. J. L. GLENN submitted the following communication, with 
the request that the same be spread upon the Journal, which was 
agreed to : 

Mr. President and Gentlemen of the Convention: During the discussion of 
the formation of Rock Hill County I may have made some unkind remarks 
about my colleagues from York. I desire publicly to retract the same and 
to say that they are all high-toned gentlemen. Deep personal affliction pre¬ 
vents me from being present and making these remarks in person. 

J. S. BRICE. 

Mr. W. D. EVANS introduced the following, which was considered 
immediately and unanimously agreed to : 

Besolved, That the Secretary write the names of the three members, R. 
H. Hodges, J. 0. Byrd and J. M. Sprott, who died during the session of the 
Convention, in the proper place on the roll of signatures ratifying this Con¬ 
stitution. 

The PRESIDENT announced that the Constitution had been 
adopted as a whole, duly ratified and signed. 

The PRESIDENT announced that the Constitution was now ready 
for the delegates to attach their signatures thereto. 

The call was by Counties, and the various delegates affixed their 
signatures. 

When Beaufort County was called, Mr. SMALLS, on behalf of the 
colored delegates, asked and obtained permission to be excused from 
signing the Constitution. 

Mr. PATTERSON moved that this Convention resolve itself into 
a Committee of the Whole ; which was agreed to. 

The PRESIDENT requested Mr. George Johnstone to take the 
chair, 



728 


JOURNAL OF PROCEEDINGS, 


Mr. GEORGE JOHNSTONE took the chair, and called the Com¬ 
mittee of the Whole to order. 

Mr. PATTERSON offered the following, which was adopted unani¬ 
mously by a rising vote : 

Whereas, the Constitutional Convention is now about to adjourn sine die: 

Be it resolved, That the Convention hereby testifies its high appreciation 
of the able, dignified and courteous manner in which the Hon. John Gary 
Evans has discharged the duties of the high office of President of the Con¬ 
vention, and also to express the wishes of the members for his continued 
prosperity and happiness. 

Resolved, further. That this Convention record its acknowledgment of the 
courteous and efficient manner in which the Hons. W. J. Talbert and Ira 
B. Jones have presided over this body as its Vice Presidents. 

Resolved, further, That this Convention desires to express its appreciation 
of the efficient manner in which S. W. Vance, Secretary, and the other 
officers and employees of this Convention have discharged the duties of 
their respective offices, and the best wishes of the Convention will attend 
them, one and all, in their future lives. 

Mr. W. J. MONTGOMERY offered the following, which was 
unanimously adopted by a rising vote : 

Resolved, That the thanks of this Convention be extended to the Com¬ 
mittee on Order, Style and Revision, Hon. T. B. Fraser, Chairman, for their 
arduous and successful labors in the arrangement and revision of the sev¬ 
eral Articles of the Constitution adopted by this Convention. 

Speaking to it he said : 

Mr. Chairman: In presenting* this resolution I am satisfied I voice the 
sentiments of this Convention. It is seldom that one of the age of the dis¬ 
tinguished Chairman of this Committee lays aside at the evening time of 
his life the surroundings of home and its pleasant associations and goes 
into a body like this to assume arduous and exacting duties. But, as each 
member has noticed, he has, with a self-sacrificing patience, given his time 
and mature thought to the vexed questions which have been submitted to 
that Committee; and no higher expression of the confidence of this Con¬ 
vention of the work which that Committee has done could be given than 
the unanimity with which it has accepted it. And as he, as Chairman, and 
the various gentlemen composing that Committee, lay aside the duties which 
they have been called upon to perform, they each one retire to their homes 
with the consciousness of duty well performed. In behalf of their people 
and their State I move the adoption of these resolutions. 

The resolutions were then unanimously adopted. 

Mr. McGOWAN moved that the thanks of the members of the Con¬ 
vention be extended to the citizens of Columbia for the handsome 
hospitality extended them during their stay here. 

This was seconded by Mr. A. J. Smith in behalf of Laurens County ; 
Mr. Burn in behalf of Darlington; Mr. Haynsworth, as a represent¬ 
ative of the Piedmont section, who made some appropriate remarks ; 






SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 729 


Mr. McWhite, as the “layman from FlorenceMr. J. A Sligh, as 
“a private from Newberry"; Capt. Barry in behalf of Spartanburg, 
and Dr. Timmerman in behalf of Edgefield. 

Mr McGowan's motion was unanimously adopted. 

Mr. BELLINGER moved that a Committee of three be appointed 
to present to the President the gold watch purchased by the delegates, 
officers and employees of the Convention. 

The Chairman appointed as the Committee Messrs. Bellinger, Buist 
and Breazeale. 

Mr. OTTS offered the following : 

Resolved, That the thanks of this body are due, and are hereby tendered, 
to the daily press for their faithful, complete and impartial reports of the 
proceedings of this Convention. 

Mr. GEORGE JOHNSTONE announced that the Committee of 
the Whole having finished its duties is now adjourned. 

The PRESIDENT resumed the chair. 

Mr. GEORGE JOHNSTONE presented the resolutions to the 
President in the following words : 

Mr. President: As Chairman of the Committee of the Whole, it de¬ 
volves upon me to present to you the resolutions of thanks which I now 
hold in my hand, and through you to the Vice Presidents and the different 
officers of the Convention for the able, impartial and efficient manner in 
which you yourself and the Vice Presidents have presided over the delibera¬ 
tions of this body, and the different officers have performed their duties. I 
assure you that not only were these resolutions presented to you with ab¬ 
solute unanimity, but with a feeling of sincere regard from the body over 
which you have presided. In these the closing hours of this Convention 
it is with unusual pleasure that I am thus able to address myself to you as 
the organ of the Committee of the Whole, and to assure you that you carry 
into your retirement, so far as you do now retire from official station, the 
hearty good will of each and every member of this body. 

Mr. BELLINGER, for the Committee, presented the watch to the 
President in the following words : 

Mr. President* Our work performed, the time has arrived when your 
official relations are to be severed for all time. The labors of us all during 
the long weeks now past have been arduous and exacting, but your position 
has entailed upon you duties peculiarly trying to temper, patience and 
physical endurance, and it gives us pleasure to congratulate you upon prov¬ 
ing yourself equal to the demands. 

In separating from you we desire to give expression in substantial form 
to our appreciation of the integrity, intelligence and impartiality which 
have marked the administration of your high and responsible office, and 
on behalf of the members of this Convention the pleasing task has been 
assigned to me to deliver this watch to you. And now, in receiving it, Mr. 
President, we beg that you remember that its intricate and complex 





730 


JOURNAL OF PROCEEDINGS, 


machinery, working in perfect unison and accord, is typical of the fact that 
it comes to you as au offering from men of both races and of every shade 
of political opinion, but all citizens working for the common good and glory 
of South Carolina. 

In conclusion, we hope that as it ticks away the fleeting time it will mark 
the hours tilled for you with happiness and prosperity. And now the hour 
has arrived, if you will permit me a minute to suggest as a second thought 
that it would be well to remember, whenever you consult this watch, that 
it is high time you were married. 

The PRESIDENT, in accepting this testimonial, spoke as follows : 

Gentlemen of the Convention: There are times, places and circum¬ 
stances that bring the hearts of men together, when outside bickerings, 
dissensions and animosities are forgotten, and hearts that were once divided 
become united and beat for one body. I feel that this Convention, repre¬ 
senting the sovereignty of South Carolina, rests in that condition to-night. 
It has been the cherished hope of most of us that this Convention would be 
the means of framing a law around which South Carolinians could unite, 
ground which a divided people could come together and bury past differ- 
'ences. I feel that this has been accomplished. [Applause.] We came here 
with some misgivings, distrusting one another, feeling, possibly, that some 
of us in the heat of debate and in passion would cause wounds that would 
never be healed. I thank God that this has not been the case. I can say 
from my own heart, and I believe I but echo the sentiment of each of you, 
that when we leave here there will be no heart-burnings, no prejudice, but 
a united people once more. You have honored me. The people have 
honored me, and you in your representative capacity have honored me by 
placing me in this position; you have honored me with these resolutions, 
you honor me with this gift, which I shall ever cherish, and let me assure you 
that as its hands mark the fleeting moments of my life, as the years pass 
by, as the time of my departure from this world draws near, as I look at 
this, the fond memories of this Convention will ever arise, while watching 
you make a law upon which the hopes of our people for supremacy and 
prosperity are based. I shall turn with happiness to this memory. It shall 
also be a reminder, as has been suggested by the gentleman from Barnwell, 
of my departure from single blessedness to the realm of conjugal happiness, 
for I can assure you before we meet in another Constitutional Convention I 
shall have been married. [Laughter.] I am satisfied it will be sooner, but 
this is too dignified a body to make rash promises to. * 

In bidding you good-bye, in saying farewell, in adjourning your delibera¬ 
tions, let me wish you a merry Christmas and a happy New Year. May God 
cause His richest blessings to shine upon you and the State for which you 
worked so hard. I am satisfied your work Avill live after you. I am satisfied 
an honest constituency will say: “Well done, good and faithful servant.” 

In my rulings I have endeavored to be fair, to exhibit no passion. I real¬ 
ize the frailties of human nature, and realize I have not conducted myself 
at times as I perhaps ought to have done, but it was an error of the head 
and not of the heart. I thank you again for these honors. I bid you God 
speed. May heaven bless our State, and may we go hand in hand with one 
heart, one people, forever united and prosperous. [Cheers.] 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 731 


Mr. IRA B. JONES, in responding to the resolution introduced by 
Mr. Patterson, spoke as follows : 

Mr. President : I do not rise to make a speech, but I rise simply in 
behalf of Vice President Talbert, who is discharging his duty at the 
National Capital, and in my own behalf, to thank this Convention for the 
pleasing testimonies which they have seen fit to give us as Vice Presidents 
of this Convention. It is no slight honor to have a body of such able and 
patriotic men show their appreciation of the services of the officers of 
this body. I feel it an honor to have been a Vice President of this Con¬ 
vention, and I thank this Convention for the expressions of appreciation 
voted in these resolutions. I am gratified that the assembling of this Con¬ 
vention, in addition to having produced a Constitution of which any South 
Carolinian might be proud, has been productive, if anything, of even a 
greater benefit than this. It has taught us all as Carolinians that at heart 
we love our State and love its best interests, and that we are really one 
people, however much we may seem to divide upon factional lines. And I 
am satisfied that the good work done by this Convention will not end by its 
adjournment, but we will all go home feeling that it was good that the peo- 
ple of South Carolina should have been assembled in this Convention, and 
feel that, even if we differ hereafter, we can differ as brethren without the 
bitterness of the past. We can have more respect for each other, and 
issues hereafter may be decided upon the forum of reason, of intelligence 
and merit. 

On motion of Mr BURN, Mr. G. D. Tillman was requested to 
address the Convention. 

Mr. TILLMAN spoke as follows : 

Mr. President and Gentlemen of the Convention : I had no expec¬ 
tation of being invited to address the Convention on—nothing in particu¬ 
lar and everything in general. But since I have been called on in such a 
complimentary manner, I would either be more or less than a man if I did 
not thank the Convention for such a compliment. 

Mr. President, we can fill hope a great deal from the Constitution we 
have adopted. It is not such an instrument as we would have made if we\ 
had been a free people. We are not a free people. We have not been since 
the war. I fear it will be some time before we can call ourselves free. I 
have had that fact very painfully impressed upon me for several years. If 
we were free, instead of having negro suffrage, we would have negro 
slavery. Instead of having the United States government, we would have 
the Confederate States government. Instead of paying $3,000,000 pension 
tribute, we would be receiving it. Instead of having many things that we 
have, we would have other and better things. But to the extent that we 
are permitted to govern ourselves and pay pension tribute to our con¬ 
querors, we have framed as good an organic law, take it as a whole, as the, 
wisdom and patriotism of the State could have desired. S 

Perhaps, sir, if I were to speak appropriately on such an occasion as this, 

I ought to speak from a national point of view—about our Federal rela¬ 
tions and about our future as forecasted by our present surroundings. But 
it is too vast a subject to be taken offhand. 





732 


JOURNAL OF PROCEEDINGS, 


The Convention, though, is tired out. Many of them are making prepara¬ 
tions to go home, and I shall therefore not attempt it. 

’ I will casually allude to a few matters in national politics which give me 
hope of a better future for us. One is the fact that I am satisfied that the 
Republican party has adopted a new departure towards the negro. The 
silver question has to a great extent superseded the negro question. It 
was the silver question that saved us from not only more reconstruction 
hell in 1890, but that saved the government of the United States from 
being revolutionized from top to bottom. The Lodge force bill, under 
Reed’s manipulation, passed the House of Representatives and came within 
one vote of passing the Senate. So near did we come to having our pres¬ 
ent form of government overthrown, and yet South Carolinians were 
wrangling over local matters here, simply scrambling for office without any 
principle at stake, and didn’t seem to realize how near we were to having a 
political volcano exploded under our feet. Free silver saved us. The free 
silver Senators said: “ We are more interested in free silver than we are in 
the rights or wrongs of the negro. And as the South is almost unanimous 
for free silver, we would be a parcel of fools to help the Eastern States 
oppress the South on the negro question.” 

Free silver, then, saved us in 1890, and I believe, gentlemen, free silver will 
save us in the presence of the overwhelming Republican sentiment that now 
dominates the North. Not only dominates the North, but all the border 
slave States. Remember Delaware, Maryland, West Virginia, North Caro¬ 
lina, Tennessee and Missouri all went Republican at the last election on 
account of the Federal election laws being repealed. The free silver ques¬ 
tion will not die soon. It is a living question. It has as much vitality as 
the negro question ever had. Of course, Disraeli was right when he said a 
race issue in politics was the most vital that ever could be started. But a 
financial question like free silver is almost as strong. It will be years, per¬ 
haps, before the silver question is finally settled, and until it is the negro 
question will be relegated to the rear. The Republicans realize that the 
negro question is a secondary question now, and hence it was they consented 
to the repeal of the Federal election laws, which gave them back the South¬ 
ern border States, and those border States have gone to the Republican 
party to stay. They have gone where they naturally belong. Hence there 
is no more solid Democratic South. We are to find other alliances, and eco¬ 
nomic issues are to take the place of the once great race issue. Besides, the 
Republicans, when they choose to exercise it, without passing any laws, can 
exercise great power over the South—admitting or excluding her Repre¬ 
sentatives or Senators. They will be put to the test whether they will be 
willing to shut the doors of Congress to the South Carolina Representatives 
in the present Congress. 

Not feeling the necessity for it in the House, they may not do it except in 
some cases where they may feel it necessary to keep the negro in heart to 
retain the balance of power in the Northern States, which are controlled 
by the negro votes, because they have to do something occasionally to 
warm that race up. But I am satisfied they have adopted a new departure. 
They are divided themselves on the silver question. The East is not solid 
for silver. The West has a large majority of silver, and to-day the only 
two principles left to the Democratic party in South Carolina are enmity to 
Cleveland and friendship to free silver, and the silver Senators will not 




SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 733 


permit any legislation on the negro question, and the Courts have recently 
shown that they are not eager to punish South Carolina. So we can reason¬ 
ably hope to have some peace and quiet for a few years at least. They are 
going to let us alone, and if we don’t pile on too much animis opibusque 
parati in attempting to assert our sovereignty they will let us have consid¬ 
erable elbow room. But they are a queer people, especially under the rule 
of Tom Reed, who at the present stands the best chance of being the next 
President of the United States, and if he is, I tremble at what may happen. 
I was laughing the other day with some gentlemen at the idea of anybody 
quoting the Constitution of the United States to Tom Reed if he were 
President. He is a very ambitious man, but there is many a slip betwixt 
the cup and the lip, and a better fate may be in store for this country than 
to have such a dangerous man for President. 

7 1 could go on and enlarge on this theme if 1 had dreamed that it was the 
pleasure of the Convention to listen to me. If I had had any idea that it 
was the pleasure of the gentlemen to call on me I would have presented 
other silver linings to the cloud that hovers over us. I do not despair for 
the republic. I cannot believe that the great God above us is go¬ 
ing to desert this people and turn it over to anarchy or civil war. I 
believe in the sober second thought of the great Anglo-Saxon race, who 
will decide their differences at the ballot boxes rather than with the 
cartridge. I believe that we are going to have a new alignment of 
political parties. There is no telling what parties or factions we will have 
in the future. None of us need make any rash promises or assume any 
extreme positions as to where we will be one year hence in politics. I be¬ 
lieve new political parties will be organized. Democracy is not dead. Its 
principles are eternal, and the principles announced by Jefferson, the great 
father of it, in his first message in 1801, have been the political bible of 
freemen throughout the world ; it is their bible to-day, and all that we have 
to do is to teach our boys and young men those principles and let them 
always refer to them as the test of every public man and public measure. 
We may join the Republican party down here for motives of policy. I some¬ 
times think that if we had joined the Republican party just after the war 
it might have been better for us, but we could not do it. We were too 
honest and too proud. We had to come down sorter by degrees. 

Now, our party has been almost disbanded by the treachery of Cleveland 
and the policy of the Republican party. There is no change of heart in 
them. They never went back on the negro from principle; it was policy. 
Their gold bugs would insist that silver should be destroyed^as mqney^ 
and their own people revolted at it because they were jnot willing to have 
white slavery established by those who wished to re gulate wages by con¬ 
trolling the amount of money in circulation. That 'is what saved us once; 
it is what saves us now. It is what will save us for many years in the 
future, which shows that God in His mysterious/ way works out things to 
the right end in the long run. There are general causes which, under the 
same circumstances, with the same men, will work out the same results. 
Those causes have been at work for our goo<ji as well as for our harm in 
some respects. j 

Mr. President, this is perhaps the last time I ^hall ever talk in a delibera¬ 
tive assembly of my countrymen. I am don<£ with public life. As I re¬ 
marked on a previous occasion, I have enjoye<ji far more than the average 



734 


JOURNAL OF PROCEEDINGS, 


share of public honor. My ambitions have been gratified. I have nothing 
to regret except that I could not do more for my country. 

In our debates here I perhaps may, in the heat of the moment, have said 
things in a tone of irritation, or made remarks that had better not been 
uttered. There was no personal feeling if I did so. It was but the impulse 
of an honest heart trying to speak the truth as it was understood by me. 
If I have hurt any member’s feelings in any way, either in debate or in free 
personal intercourse, I beg his pardon. For the few years that are left me, 
sir, I shall always cherish the remembrances of this Convention with 
pleasure. I believe I speak what every member on this floor feels in his 
heart when I say from the first day when we met here to the present hour 
the Convention has become more and more consolidated as one man, and 
inspired by one purpose, stimulated by one effort: to do the best we could 
for our old mother State, showing that we never have been divided on 
principle during the last six years of strife, and that our politics have been 
based upon men and not measures, personalities and not principles, and 
true Democracy as defined by Jefferson demands measures, not men. 

It must be a source of great gratification to every member here and to 
their constituents at home to see with what unanimity, with what cour¬ 
teousness, and yet with what independence of action their representatives 
in this body have made the Constitution which we have just ratified. It is 
a rainbow of hope that the State may hereafter be united, as in the past, as 
one man. For remember, my countrymen, it took all the efforts we could 
lay forth in ’76, and for many years thereafter, to control this State; and if 
we become divided, as I fear we may be, and as I hope we will not for some 
time to come, we may find it still more difficult—I won’t say impossible. I 
have an abiding faith in the Anglo-Saxon race, as there never has been a 
considerable number of them together anywhere that they did not domi¬ 
nate any race with which they came in contact; and whatever may happen, 
I have faith that they will rule. But as I said, let us never forget that it 
took the combined forces of all the men, women and children in South 
Carolina to get and keep control, and that we ought to try in a spirit of 
self-sacrifice to come together here as we were in ’76. 

Gentlemen, I will not detain you longer. 1 thank you for the high com¬ 
pliment you have paid me. Would to God I could have done more in my 
feeble way to help on the labors of this body. I have done my best, and so 
have you all. I hope that as South Carolinians, as white men and Demo¬ 
crats, we will go on as prosperously in the future as we ever have in the 
past. And no matter what shall betide us in the future, I believe we can 
meet any fate, and nothing can go amiss with us unless we forget that we 
j^re white.men, Carolinians and Democrats. [Prolonged applause.] 

Mr. W. D. EVh4NS moved that the proceedings of the Convention 
be closed with prayer by one of the Chaplains ; which was agreed to. 

Mr. BREAZEALE moved that before the closing prayer be offered 
the Convention join iii. the singing of the hymn “God be with you till 
we meet again/' and t^iat the Assistant Secretary, Mr. P. L. Melton, 
be requested to lead the \singing ; which was agreed to. 

After prayer by Mr. Parrott, 

On motion of Mr. CONNOR, the Convention, at 10 P. M., adjourned 
sine die. 



SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 735 


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736 


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Roll of Members of the South Carolina Constitutional Convention. —Continued. 


SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 737 


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738 


JOURNAL OP PROCEEDINGS, 



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SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 739 



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740 


JOURNAL OF PROCEEDINGS 



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Roll of Members of the South Carolina Constitutional Convention. —Concluded. 


SOUTH CAROLINA CONSTITUTIONAL CONVENTION. 741 


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VANCE, JOHN CARY EVANS, 

Secretary of the Convention. President of the Convention. 


































































































































































































































































1 













































































INDEX. 


Page 

General Index. 2 

Roll of Members, giving postoffice and occupation.735 

Articles, Ordinances and Resolutions introduced in the Constitutional 

Convention. 13 

Resolutions. 31 

Resolutions relating to the organization and to facilitate the proceedings 
of the Convention. 28 

Classified Index. 

Ordinances and Resolutions acted on without reference. 32 

Ordinances and Resolutions acted on by the Committee on— 

Declaration of Rights. 36 

Right of Suffrage. 37 

Legislative Department. 39 

Executive Department. 42 

Judicial Department.. 43 

Jurisprudence. 46 

Counties and County Government. 47 

Municipal Corporations and Police Regulations. 50 

Corporations. 52 

Finance and Taxation. 53 

Education. 55 

Charitable and Penal Institutions. 57 

Militia. 58 

Eminent Domain. 58 

Impeachment. 59 

Amendment and Revision. 60 

Miscellaneous Matters. 61 

Public Printing. 63 

Contingent Accounts and Expenses. 64 


Note. —Ordinances and Resolutions will be found printed on the page 
upon which they are marked “introduced” unless otherwise noted. 

An asterisk (*) indicates an aye and nay vote wherever it occurs in index. 

J. T. GANTT, 
Journal Clerk. 






























GENERAL INDEX. 


A. 


Page. 

Accounts. [See Committee on Contingent Accounts, etc.] 

Addresses— 

Hon. Robert Aldrich, temporary President, upon assuming the chair. 1, 2 

Hon. John Gary Evans, President, upon assuming the chair.9, 19 

expressing thanks for resolution of confidence.206 

in Committee of the Whole. 730 

Mrs. Viola Neblett, Miss Laura Clay and Mrs. V. D. Young. 129 

Messrs. McWhite, Timmerman, Burn, McCown and Talbert, upon death of Dr. J. O. 

Byrd. 349, 350, 351, 352 

Messrs. W. D. Evans, Ellerbe, Burn, Rogers and B. R. Tillman, upon death of Hon. R. H. 

Hodges.399, 400, 401 

Hon. B. R. Tiilman, on adoption of Suffrage Article.,.443, 481 

Hon. Geo. Johnstone, in Committee of the Whole.729 

Hon. G. D. Bellinger, in Committee of the Whole. 729, 730 

Hon. Ira B. Jones, in Committee of the Whole.731 

Hon. G. D. Tillman, on adoption of Suffrage Article.480, 481 

in Committee of the Whole.. .731, 732 

Hon. J. C. Sheppard, on adoption of Suffrage Article.476, 477, 478, 479, 480 

Hon. Robert Smalls, on adoption of Suffrage Article.473, 476 

Adjournment, aye and nay votes upon. [See Motions to Adjourn.] 

Age of consent, petition relative to. LSee Petitions, etc.] 

Aldrich, Robert, credentials received. 3 

elected temporary President.. . . . 1 

address of, upon assuming the chair.1, 2 

draft of Constitution introduced by. 35 

leaves of absence granted to.205, 485, 520, 560 

Alexander, J. C., credentials received. 7 

leave of absence granted to.570 

Allotment of seats...14, 15 

Amendment, Committee on. [See Classified Index.] 

Anderson, R. B., credentials received. 5 

Appointments— 

Assistant Secretary—P. L. Melton.17 

Journal Clerk—J. T. Gantt. 17 

Doorkeeper—R. M Jolly. 17 

Assistant Doorkeeper—Joseph Witherspoon. 17 

Gallery Doorkeeper—W. J. Shelton. 17 

Postal Clerk— E. P. Jenkins. 17 

Pages—Glenn Smith, Joseph Robinson, J. B. Hughes, Belton Drafts Caughman, J. W. 

McCalla, U. R. Brooks, Jr. 17 

Laborers—'W. W. Lazenberry, West Oliphant. 17 

Second Assistant Secretary—H. R. Flanigan. 81 

Laborers—Council Cross, Damon Cantey. 81 

Chief Clerk of the Engrossing Department—W. H. Yeldell.. 99 

Bill Clerk—D. H. Witherspoon. 99 

Clerk of the Committee on Declaration of Rights—G. P. Smith. 132 

Clerk of the Committee on Executive Department—Arthur Harman. . ... 132 

Clerk of the Committee on Counties and County Government—G. H. Charles.132 

Clerk of the Committee on Legislative Department—J. W. Wessinger. 132 

Clerk of the Committee on Judicial Department—W. B. Evans..,..132 

Clerk of the Committee on Education—Levi David. 132 

Clerk of the Committee on Suffrage—B. M. Crouch. 132 

Clerk of the Committee on Miscellaneous Matters—E. W. Townsend. 132 

Clerk of the Committee on Finance and Taxation—R. C. Freeman. 132 

Ashe, J. F., credentials received . 8 

leave of absence granted to.205 

Assistant Secretary, resolution authorizing appointment of. 14 

appointment of P. L. Melton. . 17 

Atkinson, R. O.. credentials received. 4 

leave of absence granted to.344 

Atlanta Exposition, communication from Hon. W. D. Mayfield relative to.594 

motion to attend in a body (Mr. Eflrd). 594 

Austin, J. T., credentials received . 5 

minority report of, with others, relating to Counties . 255 





































































3 


B. 


Page. 

Barker, T. G., credentials received. 4 

leaves of absence granted to. 81, 287, 520, 560 

reason for voting on question relating to change of venue. 506 

editorial in “The State” newspaper.159 

damages for lynchings.656 

Barry, C. A., credentials received. 7 

Barton, Hugh M., credentials received. 5 

reason for voting, relating to liability of Counties for damages for lynching.528 

Bates, G. H., credentials received .. 3 

leaves of absence granted to...205, 267, 303, 633 

reason for voting, relating to editorial in “The State” newspaper. 157 

Behre, D. H., credentials received. 4 

leave of absence granted to.491 

reason for voting on question of printing. 99 

Bellinger, G. D., credentials received.•. 3 

leaves of absence granted to. 365, 525 

address of, in Committee of the Whole. 729 

Berry, E. B., credentials received. 6 

leaves of absence granted to.. . 81, 205, 485, 571 

Bobo, W. T., credentials received . 7 

leaves of absence granted to. 155, 552, 652 

Bowen, W. T., credentials received. 7 

Bowman, I. W., credentials received . 7 

leaves of absence granted to.205 

appointed on Investigating Committee. 271 

Bradham, D. J., credentials received. 4 

leaves of absence granted to.339, 442, 520, 560, 633, 695 

Breazeale, J. E., credentials received. 3 

leaves of absence granted to .560 

reason for voting on exemption of Rock Hill from provisions for new Counties. .667, 668 

Brice, J. S., credentials received. 8 

leaves of absence granted to.176, 232, 510, 695, 702 

personal privilege, statement of.727 

Brice, T. W., credentials received . 5 

leaves of absence granted to. . 98, 320, 370, 442, 560, 633 

Brooks, U. R., appointed Page. . 17 

Bryan, Hon. George 8., resolutions relating to death of. . 288 

Bryan, J. P. K., credentials received. 4 

reason for voting on resolution relating to editorial in “ The State ” newspaper.160 

Bryan, R. L. & Co., account of. [See Committee on Contingent Accounts, etc.] 

Buist, H. B., credentials received... 5 

Burn, H. C., credentials received. 5 

leave of absence granted to..259 

address upon death of Hon. J. O. Byrd.349 

reason for votinng, on ratification of Constitution. 725 

Convention * refuses to give 10 minutes .. 615 

protest of members upon refusal of Convention to grant 10 minutes to. 629 

protest of. 5 

Byrd, J. O., credentials received. 5 

leaves of absence granted to.205 

resolutions relating to death of.338 

vacancy caused by death of .339 

memorial page dedicated to. 352 

exercises, addresses of Mr. McWhite.349 

Mr. Timmerman.349 

Mr. Burn.:. 349 

Mr. McCown.. . 350 

Mr. Talbert.351 


c. 


Calvo, Charles A., Jr., elected printer for the Convention... 74 

accounts of. [See Committee on Contingent Accounts and Expenses.] 

Cantey, Damon, appointment of, as laborer. 81 

Cantey, J. S., credentials received..... • • • • • • • • • • • ■ • • • ■ • • • • * 

leaves of absence granted to.205, 321, 338, 44~, 499, 571, C51 

Carver, W. E., credentials received. • • • ■ 7 

leaves of absence granted to.44-„, 5iu 

Caughman, Belton Drafts, appointment of, as Page.. ........ ... . ..• ■ 17 

Charles, G. H., appointment of, as Clerk of the Committee on Counties and County Government.. 132 
Charleston Reformatory School, petition from. [See “ Petitions, etc.”] 

Charitable and Penal Institutions, Committee on. [See Classified Index.] 

Clay, Miss Laura, address of. 1*9 

Clayton, W. F., credentials received. ■•• • ••••••••• ° 

leaves of absence granted to.~95, 33b, 3/8, 436, 43b 

medical certificate received from..378 

reason for voting, relating to Homestead and Steering Committee. 613 



































































































4 


Page. 

Columbia Electric Street Railway Company, account of. [See Committee on Contingent 


Accounts, etc.] 

Committee of the Whole, proceedings in— 

Resolutions of Mr. Patterson.728 

Mr. Montgomery.728 

Address of Mr. Montgomery.728 

Motion of thanks, by Mr. McGowan.'.728 

Resolution of Mr. Otts.729 

Address of Mr. Geo. Johnstone. 729 

Mr. Bellinger. 729 

the President. 780 

Mr. Ira B. Jones. 731 

Mr. Geo. D. Tillman . 731, 732, 733, 734 

Committees, standing, resolution authorizing appointment of.14, 15 

list of.20, 26 

Engrossed Resolutions and Ordinances, reports of, 262, 299, 321, 331, 

356, 416, 425, 497. 498, 520, 568, 571, 616, 617, 634, 658, 663, 665, 685 
Style, Order and Revision, reports of— 

on various ordinances.243, 355, 704, 705, 706 

on the Constitution as a whole. 706, 723 

on expenses during recess.724, 725 

on enrollment of Constitution. 726 

recommending various resolutions. LSee Fraser.] 

Contingent Accounts and Expenses, reports of— 

on resolutions relating to the payment of Commissioners and 


Managers of the election for delegates to the Constitu¬ 
tional Convention. [Introduced on p. 37; printed on p. 

58; introduced on p. 206]. 700 

on Various Accounts: 

C. A. Calvo, Jr., for printing—$404.36, pp. 177, 209, 

228; $12.75, pp. 262, 380 ; $362.92, pp. 262, 474 ; $357.15, 

324. 334; $298.66, pp. 398, 406; $298.66, pp. 499, 510; 
$311.68, pp. 566, 571, 572; $322.53, pp. 703, 713; 

$248.48.634. 650 

W. J. Duffle, for stationery—$7.523, 650 

W. H. McFeat, for stenographic work—$25. 665 

R. L. Bryan & Co., for stationery—$31.10, pp. 699, 713; 

$5, p. 704; $139.10. 552, 553, 597 

J.W. Gibbes Stationery Co., for stationery—$77.50, pp. 217, 253 
Columbia Electric Street Railway Co., for lights-$700, 

602. 650 

J. C. Stanley & Bro., for supplies—65c. 704 

N. H. Stansell, Sergeant-at-Arms—$123.78, p. 699; $51... 704 

Arthur P. Harmon, Clerk Committee, $32.253, 245 

Rules, reports of— 

recommending adoption of a system of rules_27, 33, 79, 80 

regarding engrossing. 33 

recommending amendment to Rule XLI...244 

recommending adoption of a resolution as to the hours of 

the sessions. 274 

recommending the adoption of Rule No. 32. 373 

resolution relating to the preservation of ordinances, 
resolutions, etc., and the distribution of printed 

copies of the same. 373 

reporting various rules to facilitate the proceedings, 543, 

544 545 

Special, to investigate a reported assault upon a citizen by the name of 

Anderson. 271 

Steering, resolution appointing same.*596 


report of, p. 603; *on adoption of 


same.608, 607 

report of.664, 701 

motion to dispense with. 632 

protests against.631, 632 

Printing, reports of— 

on “ resolution relating to the Public Printer and 

printing.” [Introduced, page 18.]. 74 

on resolution as to the cost of stenographic report. 

[Printed, p. 75; introduced, p. 18.]. 75 

on resolution relating to printing and public sup¬ 
plies. [Introduced, p. 122.]. 175 


[For reports of Committees on Declaration of Rights, Executive Department, Legislative Depart¬ 
ment, Judicial Department, Jurisprudence, Eminent Domain, Impeachment, Right of Suf¬ 
frage, Finance and Taxation, Education, Charitable and Penal Institutions, Municipal Cor¬ 
porations and Police Regulations, Corporations, Militia, Miscellaneous Matters, Counties 
and County Government, and Amendments, see Classified Index.] 

Confederate Veterans, petitions from. [See “ Petitions, etc.”] 

Connor, L. S., credentials received.. 7 

leaves of absence granted to.129, 205, 413," 442, 556 

Constitution, draft of, submitted by Robert Aldrich . 35 

report of Committee on Style, Order and Revision upon.’_706 723 

ratification of, final vote upon. ” * *725 






















































5 


Contest of James Thorpe et al. against T. M. Giiland et al.— 
introduction of papers relative to. 

report of Committee on Rights of Suffrage upon’ .*.‘‘; 
Contingent Accounts and Expenses, reports of Committee upon. [See “ Committees ”] 

Cooper, M. R., credentials received. 

leaves of absence granted to. .V 7 V 5 ' 

Corporations, Committee on. LSee Classified Index.] 

Municipal. LSee Classified Index .1 

Counties and County Government, Committee on. [See Classified Index 1 
Crouch, B.W., appointment of, as Clerk of the Committee on Right of Suffrage 

Cross, Council, appointment of, as laborer. ‘" ”' 

Cuban patriots, resolution expressing sympathy with. 

Cunningham, T. J., credentials received.... 

leaves of absence granted to... 


Page. 

. 34 

.153 

. d 

303, 370, 695 


.132 

. 81 

....272, 336 
.. .. 4 

....272, 686 


D. 


Dagnall, A. H., election of, as Reading Clerk. 13 14 

David, Levi, appointment of. as Clerk of the Committee on Education..... : . ’ 132 

Declaration of Rights, Committee on. [See Classified Index.] 

DeHay, N. H., credentials received. 3 

leaves of absence granted to. 571 686 

Delegates, Roll of, as credentials were received. ............ ’ 3-8 

list of, giving postotliee address and occupation, as provided for under special reso¬ 
lution . 735 741 

Dennis. E, J., credentials received.. ’ 3 

leaves of absence granted to. ........... 575 686 

Dent, J. B., credentials received.... ’ 7 

leave of absence granted. I....."!.!.!..'!...!!.] 664 

Derham, J. P., credentials received. . . ’. .. g 

reason for voting on Suffrage Article.518 

reason for voting on provision allowing political parties representation on Boards of 

Managers. 513 

Doorkeepers, resolution authorizing appointment of . ’.'I!.**.!'.!!!!.!'.!” 17 

appointment of R. M. Jolly, Joseph Witherspoon and W. J. Shelton. 17 

Douglass, J. T., credentials received. 8 

Doyle, O. M., credentials received . . . . . . 7 

leaves of absence granted to.. . .............. . . . . . 571 

reason for voting on resolutions relating to an editorial in “The State” newspaper-. .. 161 

Draft of Constitution, submitted by Robert Aldrich.. 35 

Dudley, T. E., credentials received.’ ’ ’ ’ 5 

leave of absence granted to. 544 

reason for voting, on resolution relating to an editorial in “ The State ” newspaper. 160 

Suffrage Article.517 

provision allowing political parties representation on Boards of 

Managers.517 

ratification of Constitution.726 

Duffle, W. J., account of. [See Committee on Contingent Accounts, etc.] 


E. 


Education, Committee on. [See Classified Index.] 

Eflrd, C. M., credentials received. . 6 

leave of absence granted to.. 535 

minority report of, with others, on Executive Department.200 

Election of President.. 8 

two Vice Presidents, a Secretary and a Sergeant-at-Arms. 9 

Reading Clerk.13, 14 

Printer for the Convention. [See Classified Index, “ Printing.”] 

Ellerbe, J. E., credentials received. 6 

leaves of absence granted to.205, 442, 571 

Eminent Domain, Committee on. [See Classified Index.] 

Estridge, J. N., credentials received... 6 

leaves of absence granted to. .571,610 

Evans, Hon. John Gary, credentials received. 3 

elected President. 8 

address of, upon assuming the chair.9-13 

expressing thanks upon passage of a resolution relating to an editorial in 

“The State” newspaper. 206 

in Committee of the Whole.730 

Evans, W. B., appointment of, as Clerk of the Committee on Judicial Department.132 

Evans, W. D., credentials received. 6 

leaves of absence granted to ...491, 510 

reason for voting on provision allowing political parties representation ©n Boards of 

Managers. 518 

reason for voting on Suffrage Article.518 

appointed on Steering Committee.596 

Executive Department, Committee on. [See Classified Index.] 

Expenses. [See Committee on Contingent Accounts and Expenses.] 












































































6 


Page. 

F. 

Farrow, A. S., credentials received. 4 

leaves of absence granted to. .382,575 

Field, W. T., credentials received. 7 

Finance and Taxation, Committee on. [See Classified Index.] 

Fitch, W. M., credentials received. ; — 4 

leaves of absence granted to.205, 242, 525 

reason for voting on resolution relating to an editorial in “ The State” newspaper — 159 

Flanigan, H. R., appointment of, as Assistant Secretary. 81 

Floyd, J. W., credentials received... .. 6 

Fraser, T. B., credentials received. 8 

leave of absence granted to.525 

Freeman, R. L., appointment of, as Clerk of the Committee on Finance and Taxation. 132 

u. 

Gage, G. W., credentials received.■. . 4 

leave of absence granted to. 413 

reason for voting on resolution relating to editorial in “ The State ” nevrspaper. 160 

on Section making corporations liable for damages on account of neg¬ 
ligence.536 

on Section 38, Legislative Article.691 

Gamble, W. S., credentials received. 38 

leaves of absence granted to.205, 232, 344, 485, 571 

Gantt, J T., appointment of, as Journal Clerk. . 17 

Garris, C. W., credentials received. 4 

leaves of absence granted to.176, 320, 436 

Gary, F. B., credentials received. 3 

leaves of absence granted to... .129, 571 

statement of, relative tc vote on ratification of Constitution.726 

Gibbes Stationery Company, The J. W., accounts of. LSee Committee on Contingent Accounts, 
etc.] 

Gilland, T. M., credentials reeceived. 8 

leaves of absence granted to.386, 560, 579, 686 

Glenn, J. L., credentials received. 4 

leave of absence granted to . 205 

Glenn, J. P., credentials received. 3 

leave of absence granted to. 205, 510, 695 

Gooding, W. J., credentials received. 6 

Graham, G. J., credentials received. . 8 

leave of absence granted to. 339 

Gray, J. W., credentials received. 5 

reasons for voting on Suffrage Article.518 

on provision allowing political parties representation on Boards of 

Managers .518 

Gunter, R. L., credentials received. 3 


IT. 

Hamel, J. W., credentials received. 6 

leaves of absence granted to....338, 386 

reason for voting on provision allowing political parties representation on Board of 

Managers . 517 

on Suffrage A rticle. 517 

on adoption 4th Section Suffrage Article.484 

Harmon, Arthur, appointment of, as Clerk of the Committee on Executive Department. 132 

resignation of. 253 

account of. [See Committee on Contingent Accounts, &c.] 

Harris, L. D., credentials received. 3 

leave of absence granted to.... 535 

Harrison, A. J., credentials received. 6 

leave of absence granted to.560 

minority report of, on Article relating to Counties, 255; withdrawn.. 378 

Hay, J. T., credentials received. 6 

leaves of absence granted to.. .205, 560 

Haynsworth, H. J., credentials received.’ 5 

leaves of absence granted to.*. .205, 652 

Hemphill, R. R., credentials received ... 3 

leaves of absence granted to..205, 283, 320 

Henderson, D. S., credentials received. ’ 3 

leaves of absence granted to. ^205, 359 , 406 

Henderson, Win., credentials received... '. ... .’ 3 

leaves of absence granted to.386, 560 695 














































































Henry, R. L., credentials received. ' T g 

added to certain Committees... 99 115 

statement of. relative to vote on ratiflcation of Constitution.... . . . .. . . . . ' ” ’720 

Hiers, C. M., credentials received. ' ” 3 

leaves of absence granted to.. 17G 378 

medical certificate received from.i ” ’ 39 s 

Hodges, R. H., credentials received .... 6 

leave of absence granted to. . . 338 

resolutions relating to death of...* * ’ .... . . . .385 402 

memorial page dedicated to... ...... ’ 403 

exercises, addresses of Mr. W. T). Evans. V. ....... . ........... 399 

Mr. J. E. Ellerbe.400 

Mr. H. C. Burn. 400 

Mr. T. I. Rodgers.400 

Mr. B. R Tillman. 401 

Houser, E. H., credentials received. ;. 7 

leaves of absence granted to.272, 370, 412, 518, 560,578,’ 633, 695 

Howell, M. P., credentials received . 4 

leaves of absence granted to... i 55 , 407, 485, 560, 695 

Hughes, J. B., appointment of, as Page . 17 

Hutson, C. J. C., credentials received. 6 

leaves of absence granted to.98, 530 

statement of, relative to vote on ratification of Constitution.726 

excused from Committee on Style, Order and Revision.701 


I. 


Impeachment, Committee or. [See Classified Index.] 

Irby, J. L. M. credentials received. 6 

leaves of absence granted to .176, 272, 370, 499 


J. 


Jenkins, E. P., appointed Postal Clerk. 17 

Jervey, W. St. J., credentials received. 4 

leaves of absence granted to.205, 436, 640 

substitute for report of Committee on Judicial Department proposed by, 624, 625, 626,627, 628 

Johnson, T. E., credentials received. 7 

reason for voting on adoption 4th Section Suffrage Article.484 

on provision allowing political parties representation on Board of 

Election Managers.518 

on Suffrage Article.518 

Johnstone, George, credentials received. 7 

reason for voting on resolution relating to an editorial in “ The State” newspaper.. 159 

address of, in Committee of the Whole.729 

appointed on Steering Committee.596 

Jolly, R. M., appointed Doorkeeper. 17 

Jones, Ira B., credentials received. 6 

leaves of absence granted to.129, 442 

elected Vice President. 9 

resolutions relating to death of daughter of.226 

address of, in Committee of the Whole.731 

reason for voting on amendment making support of Winthrop College compulsory. 684 

Jones, Wilie, credentials received. 7 

Journal Clerk, resolution authorizing appointment of. . 14 

appointment of J. T. Gantt. 17 

Judicial Department, Committee on. [See Classified Index.] 


Jurisprudence, Committee on. [See Classified Index.] 


K. 


Keitt, J. L., credentials received . 7 

leaves of abN^nce granted to.518, 570 677 

Kennedy, E. J., credentials received. . 4 

minority report of, on education.. 305 


' The State ” newspaper. 


160 

563 

577 

682 

4 


reasons for voting on resolutions relating to editorial In 

on increase in the poll tax . 

to make support of higher institutions of learning compulsory.... 
on amendment making support of Winthrop College compulsory. 

Kennedy, J. W., credentials received. 

leaves of absence granted to.499, 633 

Klugh, J. C., credentials received. 3 

leaves of absence granted to. 98, 205 520 

statement of, relative to vote on ratification of Constitution.726 

reasons for voting on motion to extend Mr. Burn’s time.613 

















































































8 



Page. 

L. 


Laborers, resolution authorizing appointment of. 

appointment of, W. W. Lazenberry and West Oliphant 

Lazenberry, W. W., appointed Laborer. 

Leaves of absence rescinded.. 

motion to rescind... 

resolution relating to. 

Lee, R. D., credentials received.!. 

Legislative Department, Committee on. [See Classified Index.] 

Limestone County, petition for creation of. 

List of Committees. [See “Committees.”] 

List of Delegates. [See “Delegates.”] 

Lowman, O. R., credentials received. 

Lybrand, E. S., credentials received . 

leaves of absence granted to. 


17 

17 

356 

525 

205 

8 

82 


. 7 

. 6 

98, 158, 291 365 


M. 


Macfeat, account of. [See Committee on Contingent Accounts, etc.] 

Matthews, E. F., credentials received.. 5 

leave of absence granted to.560, 597 

Mayfield, Hon. W. D., communication from, relative to Atlanta Exposition.594 

McCalla, I. H., credentials received. 3 

leaves of absence granted to..... .. 272, 407, 518, 560 

appointed on Investigating Committee.271 

McCalla, J. W., appointment of, as Page... 17 

McCaslan, R. F., credentials received. 3 

leave of absence granted to.378 

reason for voting on question of election of Judges by the people. 636 

McCown, R. M., credentials received. 5 

leaves of absence granted to..205, 336, 544 

address upon death of Dr. J. O. Byrd.S50 

McDermotte, J. A., credentials received.. 6 

leaves of absence granted to.232 

reason for voting ou adoption of Suffrage Article. 517 

reason for voting on provision allowing political parties representation on Board 

of Election Managers. .. ..517 

McGowan, W. S., credentials received. 3 

leave of absence granted to. 205 

McKagen, G. P., credentials received . 8 

leave of absence granted to.205, 413, 575 

McMahan, J. J., credentials received. . 7 

leaves of absence granted to.338, 544 

reason for voting on resolutions relating to an editorial in “The State ” newspaper.. 159 
on amendment making support of Winthrop College compulsory.. 685 

McMakin, R. C., credentials received... 3 

McWhite, B. B., credentials received. 5 

address upon death of Dr. J. O. Byrd.350 

Meares, R. A., credentials received. 5 

leaves of absence granted to.176, 272,370, 407, 442, 518, 530, 518 

reason for voting on question of *'injunction process.”.512 

Medical certificates, received from Messrs. Hiers and Clayton.378 

Melton, P. L., appointment of, as Assistant Clerk. 17 

Memorials [See “Petitions, etc ”] 

Miller, T. E., credentials received. 4 

leaves of absence granted to.176, 520, 602 

appointed on Investigating Committee. . 271 

address of, authorized to be printed. 481 

Miscellaneous Matters, Committee on. [See Classified Index.] 

Mitchell, Julian, credentials received. 4 

leaves of absence granted to. 272, 359, 267, 610 

remarks on resolution of Mr. Behre, to print speech in Journal. 713 

Montgomery, J. D., credentials received.. . . 6 

leaves of absence granted to. .. 81, 205, 359, 520, 545 

Montgomery, W. J., credentials received.. 6 

leaves of absence granted to.205, 442. 560 

reason for voting on resolution relating to an editorial in *' The State” newspaper. 160 

on adoption of Section 4 of the Suffrage Article.484 

address and resolutions of, in Committee of the Whole. 728 

Moore, J. O. A., credentials received. 5 

leaves of absence granted to .436, 695 

Morrison, J. B., credentials received... . 3 

leaves of absence granted to.506, 571 
















































































9 


Motions to adjourn, (aye and nay votes): 

Mr. Ellerbe, from October 4, 1895, to January 14, 1896 . 295 

Mr. Winkler, substitute to above.296 

Mr. B. R. Tillman, October 4 to October 15.. 325 

Mr. Henderson, for the day.' ’' 242 

Mr. Byrd, for the day.250 

Mr. G. D. Tillman, for the day.".282 

Mr. B. R. Tillman, for the day.....!! 591 

Mr. Irby, November 1 to November 5.485 

Mower, G. S., credentials received . ’ 7 

leaves of absence granted to.‘'.'.155, 272, 359 j 535 , 575 

added to Committee on Style, Order and Revision.701 

Municipal Corporations and Police Regulations, Committee on. LSee Classified Index.] 

Murray, H. H., credentials received. 3 

leaves of absence granted to.. .. 291, 560 

reason for voting, on resolution fixing the per diem of delegates. .. ’ 79 


N. 


Nash, Shepherd, credentials received... 8 

leaves of absence granted to.272, 303, 413, 442, 510, 575 

Nathans, J. N., credentials received.. . 4 

leaves of absence granted to.321, 365, 442, 560 

Neblett, Mrs. Viola, address of.129 

New Counties. [See Classified Index, Counties and County Government.] 

Nicholson, W. A., credentials received.. 8 

leaves of absence granted to.■...'.205, 695 


o. 


Oliphant, West, appointed Laborer. 17 

Oliver, J. L., credentials received. 4 

leave of absence granted to.525 

Otts, J. C., credentials received... 8 

reason for voting on question relating to Saluda County.100 

resolutions of, in Committee of the Whole.729 


P. 


Pages, resolution authorizing appointment of. 14 

appointment of Glenn Smith, Joseph Robinson, J. B. Hughes, Belton Drafts Caughman, 

J. W. McCalla and U. R. Brooks, Jr. 17 

Parler, L. E., credentials received. 4 

leaves of absence granted to. .. 803, 336 

Parrott, J. N., credentials received. 5 

leaves of absence granted to.175, 652 

Patterson, A. H., credentials received. 3 

leaves of absence granted to. . 485 

address of, in Committee of the Whole.728 

Patton, H. C., credentials received. 7 

reason for voting on ”10 mile limit.”... 601 

amendment making support of Winthrop College compulsory. 684 

Peake, G. A., credentials received. 8 

leaves of absence granted to. .205, 442 

Perritte, A. J., credentials received. 5 

leaves of absence granted to.81, 205, 407, 525, 571, 695 

statement of, relative to roll call ..525 


t 


























































10 


\ 

) 

' / 

> Page. 

Petitions, Memorials and such like papers— 

Mr. Stanyarne Wilson: 

Petition for the creation of a County from portions of Spartanburg, Union and 

York Counties, to be known as Limestone County. 82 

The President: 

Petition from Charleston Reformatory School.108, 212 

Mr. Irby: 

A petition relating to working convicts from the Board of County Commissioners of 

Laurens County...132, 213, 256 

Mr. McMahan: 

Memorial—Governmental corporation debt and the tendency of municipal cor¬ 
porations towards unlawful expenditures of public funds and extravagance. 

—By D. H. Means. 161 

Mr. Moore: 

Petition from the “ Women’s Christian Temperance Union ” relating to the “ age of 

consent.”..172,236, 343 

The President: 

Communication from “The National League for the Protection of American 

Institutions.”. 205 

Mr. Talbert: 

Memorial from Confederate soldiers. 214 

Mr. Miller: 

Petition of citizens of Sumter, S. C., against the passage of Section 16 of an Article 

to regulate municipal corporations, to wit, No. 9 on Calendar.215, 260 

Mr. B. R. Tillman : 

Memorial from Cora S. Lott relating to suffrage.260, 293 

Mr. Eflrd, by request: 

Memorial from women of Lexington County relating to suffrage.333 

Mr. Berry: 

Memorial from Congress of Road Supervisors.._.334 

The President: 

Petition from Mrs. Rosella A. Waur relating to suffrage.343 

The President: 

Petition from Mrs. James Bennett relating to suffrage. 343 

Mr. W. J. Montgomery: 

Petition from ladies of Marion County relating to suffrage. 371 

Mr. Eflrd: 

Petition from citizens of Lexington County relating to suffrage.414 

Mr. Bellinger: 

Petition from ladies of Barnwell County relating to suffrage. 420 

Mr. Morrison: 

Petition asking for the creation of Seabrook County. 497, 519 

Mr. Mitchell: 

Petition opposing the establishment of Seabrook County. 500, 519 

The President: 

Communication from Hon. W. D. Mayfield relating to Atlanta Exposition. 594 

The President: 

Petition from Mrs. Sallie H. Redd relating to suffrage. . 602 

Points of order, as to Rule 32. 359 

President, election of Hon. John Gary Evans. 8 

Prince, G. E., credentials received. 3 

leave of absence granted to... .428 

Printing, accounts for. [See Accounts.! 

reports of Committee upon. [See Committees.] 

R. 

Ragsdale, G. W., credentials received. 5 

leaves of absence granted to . 98, 176, 272, 359, 407, 442, 560 

Ratification of Constitution. Anal vote upon.725 

Read, J. H , credentials received.. 5 

leaves of absence granted to. .98, 272, 442 

reason for voting on ratification of Constitution. .727 

Redfearn, E. N., credentials received. 4 

leaves of absence granted to. . . . .428, 571, 610 

Reed, I. R., credentials received. 4 

Resignations, J. W. Weisslnger.378 

Arthur P. Harmon. 253 

Rights, Committee on Declaration of [See Classified Index.] 

Rights of Suffrage, Committee on. [See Classified Index.] 

Road Supervisors, Congress of, communication from. [See Petitions, &c.] 

Robinson, Joseph, appointed Page. 17 

Rogers, T. I., credentials received . 6 

leaves of absence granted to.205, 272, 370, 407, 610 

reason for voting on ratification of Constitution. 726 


Roll of delegates. [See Delegates.] 

Rosborough, W. L., credentials received. 5 

leave of absence granted to.442 





















































11 


PiV. G E 

Rowland, M. O.. credentials received. 7 

Rules, reports of Committee on. [See Committees.] 

Russell, D. H., credentials received. . 3 

leave of absence granted to. .’ i ‘’ 34 s 


s. 


Sargeant-at-Arms, election of N. H. Stansell. 9 

Scarborough, J. A., credentials received. 8 

leave of absence granted to. 632 

Shelton, W. J., appointed Gallery Doorkeeper. 17 

Sheppard, J. C., credentials received. 5 

leaves of absence granted to .272, 407, 442, 520, 571 

address of, authorized printed.485 

on adoption of Suffrage Article. 476, 480 

reason for voting on resolution relating to editorial in The State newspaper. 161 

on adoption of 4th Section of the Suffrage Article. 484 

statement of, relative to votes on homestead.. 688 

added to Committee on Style, Order and Revision.687 

Shuler, J. L., credentials received.. 6 

Seabrook County, petition for establishment of. 497, 519 

petition against establishment of.500, 519 

Seats, allotment of.15, 16 

Secretary, election of S. W. Vance. . 9 

Singletary, W. R., credentials received. 8 

leaves of absence granted to.1155, 283, 370, 390, 485, 556, 575 

reason for voting on exemptions from provisions for new Constitution. 668 

Sligh, J. A., credentials received . 7 

leaves of absence granted to..272, 359, 390, 520, 545, 633 

Sloan, J. T., Jr., credentials received . 7 

Smalls, Robert, credentials received... 4 

leave of absence granted to. ...491 

address of, authorized printed.481 

on adoption of Suffrage Article. .473- 476 

in behalf of Beaufort Delegation refuses to sign the Constitution.727 

Smith, A. J., credentials received. 6 

Stackhouse, R. R., credentials received. . 8 

leaves of absence granted to . .205, 413, 442 

Smith, Glenn, appointed Page... 17 

Smith, G. P., appointment of, as Clerk of the Committee on Declaration of Rights. . 132 

Smith, Jeremiah, credentials received.. 6 

leave of absence granted to.518 

reason for voting on resolution relating to editorial in “The State ” newspaper. 160 

Smith, R. F., credentials received.. 7 

leaves of absence granted to.176, 338 

statement of, relating to roll call. 525 

reason for voting on adoption of resolution relating to an editorial in “ The State ” news¬ 
paper . 159 

Smith, W. C., credentials received. 3 

leave of absence granted to.413 

Smoak, A. K., credentials received. 7 

leave of absence granted to.382 

Sprott, J. M., credentials received. 4 

leaves of absence granted to.272, 365 

resolutions relating to death of.658 

memorial page dedicated to. 659 

Standing Committees, resolution authorizing appointment of.14- 15 

list of. 20 - 26 

Stanley, J. C. & Bro., account of. [See Committee on Contingent Accounts, etc.] 

Stansell, N. H., elected Sergeant-at-Arms. 9 

accounts of. [See Committee on Contingent Accounts, &c.] 

Steering Committee. [See Committees.] 

Stokes, J. Wm, credentials received. 7 

leaves of absence granted to.214, 560, 639 

Stribling, W. J., credentials received.. • • 7 

leaves of absence granted to.176, 442 

Suffrage, report of Committee on Right of. [See Classified Index.] 
petitions relative to. [See Petitions, etc.] 

Sullivan, J. M., credentials received. 3 

leaves of absence granted to.272, 407, 491 


T. 


Talbert, W. J., credentials received. 

leaves of absence granted to. 

elected Vice President. 

address upon death of Dr. J. O. Byrd. 

reason for voting on adoption of Suffrage Article. 


5 

560, 656 
.... 9 
.... 351 
.... 518 






















































































12 


Taylor, F. P., credentials received...:.. 

leave of absence granted to. .. 

Tborpe, James, and others, contest papers submitted. .v. 

Tillman, B. R , credentials received.*. 

leave of absence granted to. 

address of, authorized printed. . 

address of.. 

excused from attendance on Committee on Style, Order and Revision. 

Tillman, G. D., credentials received. . 

minority report of, with others, relating to Counties. 


address of, on adoption of Suffrage Article. 

in Committee of the Whole.731, 732, 

Timmerman, W. H., credentials received. 

leaves of absence granted to.205, 407, 

address of, upon death of Dr. J. O. Byrd. 

Tompkins, Hon. D. H., calls the Convention to order. 


Townsend, E. W., appointment of, as Clerk of the Committee on Miscellaneous Matters... 


Page. 
.... 4 

.. 232 

... 34 

5 

.... 176 
.. 442 
443, 481 
.... 687 
5 

480, 481 
733, 734 
... 5 

428, 633 
. . 349 
... 1 
... 132 


V. 


Vacancies caused by death of Dr. J. 0. Byrd, resolution relating to.339 

Vance, s. W., elected Secretary. 9 

Vice Presidents, election of Hons. W. J. Talbert and Ira B. Jones. 9 

Von Kolnitz, G. F., credentials received. . 4 

leaves of absence granted to.370, 442, 525 

reason for voting on adoption of resolution relating to an editorial in “The State” 
newspaper..;.160 


w. 


Waters, A. S., credentials received. 7 

Watson, R. B., credentials received.. 5 

leaves of absence granted to.98,131, 303, 686 

minority report of, with others, relating to education. 307 

statement of, relative to vote on ratification of Constitution. 726 

statement of, relative to vote on exemption of Rock Hill from provisions for new 

Counties .668 

Wells, G. G., credentials received...:. 5 

leaves of absence granted to.205, 370, 442, 560, 651 

reason for voting on adoption of resolutions relating to an editorial in “ The State ” news¬ 
paper . 160 

Weissinger, J. W., appointed Clerk of the Committee on Legislative Department. 132 

resignation of. 378 

Wharton, J. H., credentials received. 6 

leaves of absence granted to.176, 321, 436, 560 

Whipper, W. J., credentials received. . 4 

leaves of absence granted to. .491, 695 

address of, ordered printed.. 481 

White, A. H., credentials received. 8 

leave of absence granted to.386 

White, S. E., credentials received. 8 

leave of absence granted to.. 205, 442, 571, 633, 702 

Wigg, James, credentials received. 4 

leaves of absence granted to..129, 525 

Wiggins, J. B., credentials received. 3 

leave of absence granted to....176, 348, 506 

Wilson, Stanyarne, credentials received. 7 

leaves of absence granted to...570 

appointed on Steering Committee. 596 

Wilson, W. B , credentials received....... 8 

leaves of absence granted to.^.....176, 259, 560 

Winkler, C. L., credentials received..*.. . 6 

leaves of absence granted to.267, 348, 442 

Witherspoon, D. H., appointed Bill Clerk. 99 

Witherspoon, Joseph, appointed Assistant Doorkeeper. 17 

Woman’s suffrage, petition relative to. [See Petitions, etc.] 

Woodward, F. P., credentials received . 3 


Y. 


Yeldell, W. H., appointed Chief Clerk Engrossing Department. 99 

leave of absence granted to. 291 

report of, relating to dispensing with the services of certain clerks.426 

Young, Mrs. Y. D., address of.129 






















































































13 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 


Introduced by 


TITLE. 

Introduced. 

Other 

Proceedings. 

Draft of a Constitution. (Printed on page 59.) . 

35 

235, 326 

58, 93, 227, 234, 

Constitutional provision in relation to the common 
schools and institutions of learning in the State... 

151 

308 

Proposed Article in reference to the right to vote in 
incorporated towns and cities. 

85 


Resolution providing for the indexing and distribu¬ 
tion of copies of the permanent Journal of the 
proceedings of the Convention.:. 

714 


Resolution appropriating $1 per day additional for 
services of Sergeant-at-Arms. 

G86 


Resolution to prohibit the sale of products of public 
institutions in the markets of this State. 

106 

251 

Ordinance to compel children between certain ages 
to attend the public schools. 

127 

308 

Resolution to establish an industrial school or college 
for the higher education of the colored youth of 
the land. 

178 

308 

Resolution relating to the carrying of concealed 

WP8pnns. 

221 

245 

Resolution relating to poll tax. 

220 

308 

Substitute for resolution to add another member to 
Committee on Counties and County Government. 

226 


Resolution relating to the payment of Commission¬ 
ers and Managers of Election for delegates to the 
Constitutional Convention. 

206 

706 

Ordinance for exemptions from taxation of certain 
widows and Confederate soldiers. 

207 

284 

Resolution relating to the charters of banking cor¬ 
porations . . 

108 

263 

Resolution in reference to existing laws. 

36 

93,112 

Substitute for resolution relating to an editorial in 
“ The State ” newspaper. 

156 


Ordinance for exemption from taxation of certain 
widows and Confederate soldiers. 

207 

284 

Resolution relating to the formation of literature, 

ptn . 

219 

308 

Resolution in regard to family homesteads. 

41 

210, 342 

Resolution requesting speeches of Hons. Julian 
Mitchell and E. J. Kennedy for publication in the 

713 


Resolution relating to corporations. 

35 

263 

Resolution as to the salaries of the officers of the 

Prmvpnt.ifvn . 

325 

417 

Resolution providing for the registration of mar- 

i 147 

211 


Mr. Aldrich. 

Mr. Aldrich. 

Mr. Aldrich, by request 

Mr. Aldrich. 

Mr. Aldrich . 

Mr. Alexander. 

Mr. Anderson. 

Mr. Anderson . 

Mr. Austin. .. 

Mr. Austin. 

Mr. Austin. 

Mr. Austin. 

Mr. Bates. 

Mr. Bates. 

Mr. Bates. 

Mr. Bates. 

Mr. Bates. 

Mr. Burn. 

Mr. Burn. 

Mr. Behre. 

Mr. Bellinger. 

Mr. Bellinger. 

Mr. Berry — . 








































































14 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 



CONVENTION. 



(Printed on page on which they are introduced, unless otherwise noted. 


(*) indicates aye and nay vote. 



Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Bowman. 

Resolution amending Article IV of the Constitution, 
relating to the Judicial Department. 




103 

326 

Mr. Breazeale. 

Resolution authorizing the Committee on Counties 
and County Government to submit two reports... 

226 


Mr. Breazeale. 

Resolutions relating to the death of a daughter of 
Hon. Ira B. Jones. 




226 


Mr. Breazeale. 

Resolution providing for the payment of two addi- 
! tional laborers. 

371 


Mr. Breazeale. 

Resolution authorizing the printing of additional 
copies of the Journal. 

510 


Mr. J. S. Brice. 

Resolution in regard to the militia. 

148 

273 

Mr. J. S. Brice. 

Resolution relating to finance and taxation. 

207 

284 

Mr. J. S. Brice. 

Resolution relating to the formation of new 
Counties. 

183 

256 

Mr. J. S. Brice. 

Resolution in regard to compensation of members 
of General Assembly. 

39 

210 

Mr. J. S. Brice. 

Resolution in regard to bi-annual sessions of the 
General Assembly. 

46 

211 

Mr. J. S. Brice. 

Resolution in regard to Quadrennial elections 

50 

210 

93, 112 

123, 237, 251 

Mr. Buist. 

Resolution in reference to lotteries in this State.... 

Resolution to amend Article X of the Constitution 
of this State, prohibiting the property or credit 
of the State, of any County, city, town, township, 
school district, from being donated, loaned, &c., 
to denominational institutions. 

37 

Mr. Buist. 

134 

Mr. Buist. 

Resolution authorizing an autographic list of the 
delegates of the Convention. 


177 


Mr. Buist. 

Resolution instructing the Committee on Rules to 
prepare a rule limiting debate. 



321 


Mr. Buist. 

Resolution to amend Article V of the Constitution 
in relation to murder and manslaughter. 

180 

236, *285,237 

Mr. Buist. 

Resolution to amend Article XI. Section 1, of the 
present Constitution, (printed on page 581. 


37 


Mr. Buist. 

Resolution to amend Article X of the present Con¬ 
stitution (printed on page 128). 

37 

307 

Mr. Buist. 

Resolution to amend Article X, providing for the 
maintainance of the Clemson Agricultural and 
Mechanical College. 

40 

307 

Mr. Buist . 

Resolution to amend Article X, providing for the 
maintainance of the Winthrop Normal and Indus¬ 
trial College. 




44 

307 

210 

Mr. Buist. 

Resolution forbidding the General Assembly grant¬ 
ing extra compensation under certain conditions. 

102 

Mr. Buist. 

Resolution forbidding the General Assembly to 
donate the property of the State to private cor¬ 
porations or individuals. 

105 ! 

2i0 



































































15 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Bulst. 

Resolution forbidding the payment of salaries be¬ 
yond the date of the death of any officer of this 
State. 

106 

210 

Mr. Clayton. 

The right of suffrage not to be denied on account of 
sex. 

183 

293 

Mr. Clayton. 

Resolution to regulate the working of convicts.... 

125 

212, 235 

Mr. Clayton. 

Article referring to the Judiciary Department, so 
far as the same relates to the Courts of this State.. 

116 

326 

Mr. Clayton. 

Mr. Connor. 

Resolutions relating to the death of Hon. J. M. 
Sprott. 

Resolution requiring biennial sessions of the Legis- 

658 


Mr. Connor. 

lature and providing for a four-year term of office 

Ordinance to authorize the General Assembly to 
provide for a sinking fund in the several Counties 
of the State, to enable the same to do business on 
a cash basis. (For consideration, see ordinances 
considered without reference.). 

207 

496 

669, 698, 705, 706 

Mr. Connor. 

Mr. Cooper. 

Resolution relating to the hours of the daily sessions 
of the Convention. 

Ordinance to extend the time for the payment of 
State and County taxes for the fiscal year com¬ 
mencing November 1, 1892, in Beaufort County 
and part of Colleton County. 

597 

632 

634 

Mr. Derhara. 

Ordinance to levy a school tax for the support of 
public schools, and limit a certain per cent, of same 
to the amount that may be apportioned to the State 
educational institutions . 

93 

308 

Mr. Doyle. 

Resolution to prevent prize fighting. 

148 

212 

Mr. Doyle. 

Resolution to limit expenses of administering 
estates. (Printed on page 305.). 

51 

305, 415 

Mr. Dudley. 

Resolution to prohibit divorce from bond of matri- 
mony. (Not printed.). 

36 

251 

Mr. Dudley. 

Ordinance to provide a Supreme Court and manner 
of election. 

109 

326 

Mr. Dudley. 

Ordinance to provide for marriage licenses and 



record of same, with births and deaths, by Clerk 
of Court. 

101 

211 

Mr. Dudley. 

Ordinance to provide for an alphabetical index and 
marginal notes to the Constitution and ordinances 
of the Constitutional Convention of 1895. 

510 

671, 698, 705 

Mr. Eflrd. 

Resolution relating to the right of suffrage. (Printed 
on page 77.). 

1 17 

292 

Mr. Eflrd. 

Resolution relating to Counties and County gov- 
ernment. (Printed on page 130.). 

18 

292 

Mr. Eflrd. 

Resolving that the Convention proceed to the elec- 
tion of a Reading Clerk. 

13 


Mr. Eflrd. 

Resolution authorizing the appointment of Clerks 
for various Committees. 

16 








































































16 

ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 


Introduced by 

TITLE. 

Introduced. 

i 

Other 

Proceedings. 

Mr. Eflrd. 

Resolving that Standing Committees need not with- 




hold reports until after the 23d. 

133 


Mr. Eflrd. 

Resolution authorizing the Comptroller-General to 




draw his warrant for account of C. A. Calvo, Jr.. 

321 


Mr. Eflrd. 

Resolution providing for the control of the manu- 




facture and sale of intoxicating liquors and bev- 




erages under the exercise of the police power. . 

44 


Mr. Ellerbe. 

Resolution to adjourn on Friday, October 4, to meet 




on Tuesday, January 14,1896. 

288 

295 

Mr. Ellerbe. 

Resolution to dispense with the holding of the 




approaching session of the General Assembly.... 

325 

578 

Mr. Ellerbe. 

Resolution allowing the Chaplains $25 in addition 




to the amounts provided. 

701 


Mr. Estridge. 

Resolution requiring that all expenses of the Court 




of General Sessions for each County be paid by 


699 


the State.•. 

184 

304,305,373,417, 

Mr. Estridge. 

Resolution prohibiting attorney of a corporation 




from holding office of Senator or Representative. 

102 

234 

Mr. W. D. Evans. 

Resolution on creation of new Counties . 

43 

292 

Mr. W. D. Evans. 

Resolution on the collection of taxes. 

84 

235 

Mr. W. D. Evans. 

Resolution on increase of bonded debt, State, Coun- 




ties and municipalities. . 

127 

236 

Mr. W. D. Evans. 

Resolution recommitting Chapter VII of the report 




of the Committee on Rules. 

80 


Mr. W. D. Evans. 

Resolution relating to the death of Hon. R. H. 




Hodges. 

3S5 

402 

Mr. W. D. Evans. 

Resolution relating to the hours of the daily sessions 




of the Convention. 

597 


Mr. W. D. Evans. 

Resolution authorizing the Secretary to add the 




names of deceased members to the Constitution.. 

727 


Mr. W. D. Evans. 

Resolution in regard to paying the State Printer.. . 

650 

663, 698, 705 

Mr. W. D. Evans.. .... 

Oordinance to provide for the payment of the per 




diem and mileage of the delegates, officers and 




employees of the Convention and other necessary 




expenses, and to require the General Assembly to 




Mr. W. D. Evans. 


Mr. Farrow 


Mr. Farrow 


make additional appropriations to pay the same.. 

Oordinance to provide for the payment of interest 
on the public debt of the State of South Carolina 
to become due on the first day of January, A. D. 
1896, and to require the General Assembly to make 
appropriations for this purpose 


Ordinance to provide for the location of incorporated 
cities, towns and villages in this State, so that all 
portions of each respectively shall be in the same 
County. 


Resolution in reference to the creation of Courts, 
and the jurisdiction thereof, amending Article IV 
of the Constitution of the State. 


623 


623 


181 


G50, 662, 705 


651, 662, 705 


227, 332 


39 326 






















































17 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 


Introduced by 

TITLE. 

« 

■a 

« 

3 

Other 




o 

h 

a 

HH 

Proceedings. 


Mr. Field. 


Mr. Fitch. 


Mr. Fraser. 


Mr. Fraser, 
for Committee. 


Mr. Fraser. 


Mr. Fraser. . 


Mr. Fraser. 


Mr. Gage... 
Mr. Gage... 
Mr. Gage. . 
Mr. Gage... 


Mr. Gamble. 
Mr. Garris .. 


Mr. Garris 


Mr. Gary. 

Mr. Gilland — 
Mr. J. L. Glenn. 
Mr. J. P. Glenn. 
Mr. J. P. Glenn 


Mr. Gooding. 
Mr. Gooding 
Mr. Gray. 


Resolution to prevent the State lending its credit, 
except for certain purposes. (Not printed.). 

Resolution amending Article IV of the Constitution 
of the State and creating Courts with the jurisdic¬ 
tion thereof. 


Resolution requesting Committees to incorporate in 
proposed Article all resolutions and ordinances 
upon which they report favorably. 


Resolution as to printing Articles which have passed 
a third reading.... 


Ordinance to establish a Court of Errors for Consti¬ 
tutional and other questions referred to it. 

Ordinance to provide for the transfer of the State 
Government from the old Constitution to the new 
Constitution adopted at this Convention.. 


Resolution authorizing the Committee on Style, 
Order and Revision to employ additional clerks.. 

Ordinance to prohibit special legislation. (Printed 
on page 53.).. 

Ordinance to regulate the formation of new Coun¬ 
ties . 

Substitute for resolution relating to an editorial in 
“The State” newspaper. 

Ordinance to prohibit the creation of corporations 
except under general law. (Not printed.). 

Ordinance relating to the right of suffrage.— 

Resolution establishing the office of Labor Commis- 
missioner. 

Resolution relating to per diem and mileage due 
deceased members. 


Resolution limiting speeches to ten minutes .. 


Ordinance providing for the election of County 
Auditors and County Treasurers. 

Resolution providing for levying and collecting a 
tax for the support of public schools. 

I 

Resolution to appropriate certain moneys for the 

support of public schools. 

% 

Resolution to require every County in this State to 
provide for the really destitute within its bounds. 

Resolution in relation to fishing in the unnavigable 
running streams and waters of this State. 

Proposed Article of penal and charitable institu¬ 
tions. 

Resolution authorizing the President to appoint 
two assistant Clerks, six Pages and four Laborers 


36^ 

237 

I 

137 

326 

216 


291 


133 

326 

615 

672 

687 


35 

211 

88 

292 

157 


35 

263 

161 

292 

83 

211 

651 

658 

525 


207 

256 

174 

308 

174 

308 

46 

235 

148 

212 

121 

235 

14 






























































18 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 

(*) indicates aye and nay vote. 




'O 

<x> 

0 

Other 

Introduced by 

TITLE. 




0 

is 

a 

1—1 

Proceedings. 


Mr. Gray. 

Mr. Gray. 

Mr. Gray. 

Mr. Gray. 

Mr. Gray. 


Mr. Hamel. 


Resolution authorizing the Secretary to furnish the 1 
Convention and the Committees necessary sta-j 
tionery..I 18 


Resolution requesting the State Printer to tempor¬ 
arily print the proceedings of the Convention. 


18 


Resolution authorizidg Chas. A. Calvo, Jr., to print 
500 copies of the permanent Journal of the pro-! 
ceedings of the Convention. 100 


Resolution relating to commutation of sentences, 
pardons, etc. (Printed on page 79.). 


35 


Mr. Hamel... 
Mr. Harrison. 


Mr. Haynsworth, 

by request. 


Mr. D. S. Henderson. 

Mr. D. S. Henderson. 
Mr. D. S. Henderson., 
Mr. D. S. Henderson.. 

Mr. D. S. Henderson.. 
Mr. D. S. Henderson,. 

Mr. D. S. Henderson.. 
Mr. Henry. 


Ordinance to provide that the General Assembly 
may hereinafter enact such laws as may be neces¬ 
sary to validate and carry into effect the subscrip-j 
tions to the capital stock of the Carolina, Knox¬ 
ville and Western Railroad Company, heretofore 
voted for and authorized by the qualified voters cf 
Greenville County. 379 

Ordinance providing that the Legislature shall estab¬ 
lish new Counties when certain provisions are 1 
complied with. 184 


Resolution relating to the homestead. 

Resolution relating to County government. 


185 

170 


706 

418,529,569,580, 


256 

234, 342 
256 


Ordinance to prohibit the use or loan of property or 
credit on the part of the State or any subdivision 
therof in aid of any school or charitable institution 
under the control of any church or religious society. 88'308 

Resolution as to the exercise of suffrage in the 
cities, towns and villages of the State. (Printed 
on page 185). 17 


Resolution relating to the granting of divorces in 
this State. (Printed on page 272.). j 17 


Mr. Hiers. 


Resolution fixing an oath to be taken by all officers 
to be elected or appointed. (Not printed). 

Resolution inquiring as to the cost of stenographic- 
ally reporting the proceedings of the Convention. 
(Printed on page 75). > 

Resolutions in regard to the death of Judge George 
S. Bryan. , . 

Ordinance to authorize the issue of State bonds to 
enable the Counties of the State to do business on 
a cash basis. (For amendments see Finance and 
Taxation).: 

Resolution relating to trial by jury and the com- 

j pensation of juries. (Not printed). 

Ordinance requiring the General Assembly to pro- 

! vide compensation for Commissioners and Mana¬ 
gers of Election for delegates to the Convention.. 

Resolution relating to the formation of new Coun¬ 
ties, Article 2, Section 3, of present Constitution.. 


17 


34, 251 

98, 112, 187, 234 


18175 


238 


125 


17 


418, 486, *495 


658 666 , 699 
46 292 













































19 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 








O 

Other 

Introduced by 

TITLE. 

0 

T> 




O 

E-t 

Proceedings. 



0 







Mr. Hodges. 

Mr. Hodges. 

Mr. Hodges. 

Mr. Howell. 

Mr. Howell. 

Mr. Howell. 

Mr. Hutson. 

Mr. Hutson. 

Mr. Hutson. 

Mr. Hutson. 

Mr. T. E. Johnson, 


Resolution to impose a tax of three mills for educa¬ 
tional purposes. 

Reslution as to judgments. 

Resolution to make licensed ministers of the gospel 
ineligible to hold office in South Carolina. 

Resolution relating to married women’s property, 
now Section 8, Article 14, of the present Constitu¬ 
tion . 

Resolutions relating to married women’s property, 
now Section 8, Article 14, of present Constitution. 

Resolution providing for homestead, amending Arti¬ 
cle 2, Section 32, of present Constitution. 

Resolution relating to the rights of married women. 
(Not printed.) . 

Resolution to define the rights of married women as 
to property. (Not printed.). 

Resolution relating to the power of Judges to charge 
juries. 

Resolution to define the rights of married women as 
to property. (Not printed.). 

Resolution providing a system of public instruction. 


Mr. George Johnstone.. Ordinance relating to corporations, being Article 
XII of the present Constitution. 

Mr. George Johnstone.. Ordinance relating to the area and formation of 
Counties, being Article 2 of the present Constitu¬ 
tion . 


Mr George Johnstone.. Ordinance relating to the right of suffrage, being 
Article 8 of the present Constitution. 

Mr George Johnstone.. Ordinance in relation to suffrage and citizenship, 
being Article 8 of the present constitution. 


Mr. 


Mr. 


Mr. 


Wilie Jones. . 
Wilie Jones... 

E. J. Kennedy 


Resolution in regard to militia. 

Resolution allowing the Secretary of the Convention 
the additional sum of 5550 for stationery. 

Resolution limiting the tenure of office. 


Mr. E. J. Kennedy 


Resolution in relation to education, being amenda¬ 
tory of Article X of the present State Constitution. 


38 

235 

47 

197, 326, 376 

39 

292 

147 

187,252 

147 

187,226 

47 

211, 342 

17 

34 

36 

187 

85 

326 

36 


167 

308 

223 

263 

218 


53 

292 

222 

292 

48 

273 

227 


172 

234 

219 

308 


Mr. E. J. Kennedy 


Ordinance allowing the General Assembly to pro¬ 
vide for validating and carrying into effect sub¬ 
scriptions heretofore made by Chesterfield County 
to the capital stock of any railroad corporation... 


370 


396, 437 


Mr. E. J. Kennedy. 


Ordinance to provide that the General Assembly 
may hereinafter enact such laws as may be neces¬ 
sary to validate and carry into effect the subscrip¬ 
tions to the capital stock of the Chesterfield and 
Kershaw Railroad Company heretofore voted for 
and authorized by the qualified voters of Chester¬ 
field County. 


374 


580 

437,438,497,579, 




2 



















































20 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 


(*) indicates aye and nay vote. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Klugh. 

[Resolution relating to the formation of new Coun- 


| 


ties. 

173 

256 

Mr. Klugh. 

Resolution relating to insurance companies. 

171 233. 327 

Mr. Klugh. 

Resolution relating to public roads. 

169 


Mr. Lee. 

Resolution that the Committee on Rules prepare a 




resolution permitting pairing. 

301 


Mr. Lowman... 

Article relating to the power of the General Assem- 




bly over taxation. 

91 

212 

Mr. Lowman. 

Resolution to prohibit the intermarriage of whites 




with negroes, etc., or their living together as man 




and wife.. . 

150 

211 

Mr. Lybrand. 

Resolution to regulate the manufacture and sale of 




intoxicating liquors. 

125 


Mr. Lybrand. 

Resolution proposing amendment to Article X of 




the present Constitution relating to the public 




schools of the State... 

119 

308 

Mr. McCalla. 

Ordinance creating the office of Bank Inspector_ 

149 

263 

Mr. McCalla. 

Resolution instructing the State Treasurer to report 




whether he has sufficient funds in hand to pay 




the expenses of the Convention. 

597 


Mr. McCown. 

Resolving that the Committee on Suffrage report a 




clause in favor of woman suffrage. 

129 

292 

Mr. McCown. 

Resolution relative to the liquor traffic. 

46 


Mr. McGowan. 

Ordinance fixing the age of consent for women. 




(For consideration see Judicial Department.). 

218 

223, 369, 663, 704 

Mr. McGowan. 

Resolution revoking leaves of absence. 

525 


Mr. McKagen. 

Resolution relative to the ineligibility of Senators 




and Representatives for any office of profit. 

169 

235, 327 

Mr. McMahan. 

Ordinance to empower the Legislature to enact laws 




regulating the competency of men to marry. 

217,245 

Mr. McMahan. 

Ordinance to suppress indecent publications. 

222 245 

Mr. McMahan. 

Ordinance to provide for a Department of Roads 




and Forestry. (For consideration see Legislative 



, 

Department.) 

222 

244, *376, 377 

Mr. McMahan. 

Ordinance to forbid discrimination on account of 




religion. 

185 

252 

Mr. McMahan . 

Ordinance to prescribe who shall be voters 


293 

Mr. McMahan. 

Ordinance to render Counties liable in certain cases. 

217 

256 

Mr. McMahan. 

Ordinance relative to the concurrence of the whole 




number of a jury. 

208 

236, 327, 343 

Mr. McMahan. 

Ordinance limiting the duration of the State’s lien 




for taxes. 

208 

236 

Mr. McMahan. 

Ordinance to prevent double taxation of land. 

223 



I 





































































21 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 


Introduced by 


TITLE. 


Other 

Proceedings. 


Mr. McMahan. 

Mr. McMahan . 

Mr. McMahan. 

Mr. Me White. 

Mr. McWhite. 

Mr. McWhite. 

Mr. McWhite. 

Mr. McWhite. 

Mr. McWhite. 

Mr. Meares. 

Mr. W. J. Montgomery. 

Mr. W. J. Montgomery. 

Mr. W. J. Montgomery. 

Mr. Moore. 

Mr. Moore. 

Mr. Moore.,. 

Mr. Moore. 

Mr. Moore. 

Mr. Moore. 

Mr. Moore. 


Resolution instructing the Committee on Printing 
to engage a stenographer to preserve a complete 
record of the proceedings. 


Ordinance to forbid discrimination on account of 
religion. 


Ordinance to forbid the granting of divorces, but to 
provide for the recognition of divorces regularly 
granted by other sovereignties.. 

Resolution instructing the Legislature to make pro¬ 
vision for the pay of Managers and Clerks of the 
late election of delegates. (Printed on page 58.).. 

Resolution to provide a public school fund and the 
distribution of the same, and to provide for 
separate schools. (Printed on page 128.) 

Resolution to provide that no money shall be 
donated to any sectarian school. 


Resolution that bribery shall be punished as pro¬ 
vided by law. 


Resolution relating to the vacancy created by the 
death of Dr. J. O. Byrd. 


Sections 6, 7, 8, 9, 10 and 11 of Resolution to pro¬ 
vide punishments, penal institutions aud public 
charities. (See Errata.). 


Resolution forming Article 1 of the Constitution on 
Declaration of Rights.: 


Resolution providing for reasonable tuition fees in 
all institutions for higher education supported in 
whole or in part by the State. 


132 


185 


20G 1 


37 


36 308 


252 


Resolution providing for compulsory attendance 
upon public schools, a three mill tax and a poll} 
tax of $1.50 for the support of said public schools. 

Resolution authorizing the Chief Clerk of the En¬ 
grossing Department to expend $25 for stationery. 


Ordinance to disallow distress for rent. 


Ordinance to compel the publication of city, town 
and village affairs by the Treasurer or authorized 
officer. 


Ordinance to provide compensation by exemplary 
damages for death resulting from willful act, 
omission or gross negligence. 


Ordinance relating to the granting of free passes.. 


Ordinance relating to contracts between employers 
and employees.... . 

Resolution to provide for sale of lands for taxes 
and the redemption of such lands. 


Ordinance relating to exemption of personalty. 


220 


86 


339 


118 


144 


166 


221 


308 


187, 326 


364, 380 


213, 235, 356 


308 


308 


133 
91 212 


182 

167 

170 

172 

50 

182 


334 

232, 327 
223 

233 

235 

252 

































































22 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 


Introduced by 


TITLE. 


© 

O 

a 

■s 


Other 

Proceedings. 


Mr. Moore... 

Mr. Moore... 

Mr. Moore... 

Mr. Mower... 
Mr. Mower... 
Mr. Miller.. 

Mr. Miller_ 

Mr. Miller_ 

Mr. Nicholson 

Mr. Oliver_ 

Mr. Otts. 

Mr. Otts... .. 


Ordinance to regulate the extension of corporate 
limits of cities, towns and villages. 

Resolution restricting corporations to pursue busi¬ 
ness lixed by charters. 

Ordinance to regulate the extension of corporate 
limits of cities, towns and villages . . .. _ 

Ordinance relating to the Declaration of Rights.. 

Ordinance relating to the Judicial Department... . 

Resolution prohibiting the passage of any law tax¬ 
ing the people to support sectarian institutions... 

Ordinance to provide that the Constitution shall be 
submitted to the people to be ratified. 

Resolution relating to a reported assault upon a cit¬ 
izen by the name of Anderson.. . 

Resolution for creation of the office of Inspector of 
public County accounts and of illuminating oils.. 

Ordinance relating to mechanics liens, etc. 

Resolution to add Hon. J. W, Floyd to Committee 
on Coimties and County Government. 

Ordinance in regard to concealed weapons. 


181 

227 

87 


181 

227 

185 

252 

178 

327 

220 

308 

89 

CO 

fO 

Q* 

260 


175 


51 

326> 

226 


172 

234 


Mr. Otts, 


Mr. Otts.. 


Mr. Otts. 


Resolution to prevent the aiding of any railroad or 
other corporations by Counties, cities, towns and 
other municipal corporations subscribing to the 
capital stock thereof. (Printed on page 186.)_ 


36 


Resolution to prevent the consolidation of railroad, 
electric car companies, telegraph companies, 
express companies, telephone companies and 
other corporations from consolidating with com¬ 
peting or parallel lines. (Not printed.).. ... 


37 263 


Article relating to Counties 


121256, 292 


Mr. Otts, 


Ordinance relating to road tax and road duty. 


172 256 


Mr. Otts.. 

Mr. Otts.. 
Mr. Otts.. 
Mr. Otts.. 


Resolution creating the office of Probate Judge and 
defining his duties.. 

Ordinance to. abolish the fee system.. . 

| 

Ordinance requiring chain gangs... .... 

Resolution tendering the privileges of the floor to 
Confederate Veterans. 


51 326 


222 ( 326, 342 
166 213 



Mr. Parler..... 


Resolution relating to the rights of accused_ 


134 


Mr. Parler. 

Mr. Parler... 


Mr. Parrott, 


Ordinance relating to suffrage, 


110 292 


Resolution relating to the election of County Treas¬ 
urers and the assessment and collection of taxes.. 


149 


256 


Ordinance to abolish the office of State Superin¬ 
tendent of Education and of the County School 
Commissioner.. _______ 


91 


308 















































23 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 




T3 




O 

Other 

Introduced by 

TITLE. 

2 




O 

Ui 

Proceedings. 



3 







Mr. Parrott. 

Mr. Patterson. 

Mr. Patterson. 

Mr. Patton. 

Mr. Patton. 

Mr. Patton. 

Mr. Prince. 

Mr. Prince. 

Mr. Prince. 

Mr. Prince. 

Mr. Prince. 

Mr. Ragsdale. 

Mr. I. R. Reed. 

Mr. I. R. Reed. 

Mr. I. R. Reed. 

Mr. Rogers. 

Mr. Rogers. 

Mr. Russell. 

Mr. Russell. 

Mr. Russell . 


Ordinance to extend the rights of suffrage. 

Resolution to provide for the maintenance of the 
public schools of the State. 

Resolution relating to an editorial in “ The State ” 
newspaper. 

Resolution to preserve the right of trial by jury. 

Resolution for the regulation of suffrage in the 
State of South Carolina. 

Resolution relating to the Cuban revolution. 

Resolution relating to homestead and exemptions. 
(Printed on page 57.). 

Resolution relative to the eligibility of members of 
the General Assembly and Judges to certain 
offices . 

Resolution relating to the formation of new Coun¬ 
ties. (Not printed.). 

Resolution that the Convention will not create any 
new Counties. 

Resolution allowing the employees of the Conven¬ 
tion the same mileage as the members. 

Resolution relating to the veto power of the Gov¬ 
ernor as to Bills appropriating money from the 
treasury. (Printed on page 56J . 

Resolution to change the date of the fiscal year.... 

Resolution to establish a “State Penal School.” — 

Resolution for the protection of persons charged 
with crimes and misdemeanors. 

Resolution to provide and fix salaries for all con¬ 
stitutional officers . 

Resolution to abolish the right of dower in lands 
aliened by the husband during coverture. 

Resolution amending the Constitution, Article III, 
Section 2; and also Article IV. Section 27. 

I Resolution amendatory to the Constitution, Arti¬ 
cle —, Section —, relating to municipal corpora¬ 
tions . 

Resolution relating to the Public Printer and print¬ 
ing. (Printed on page 74.). 


157 

293 

216 

308 

154 

156, 157, 153 

84 


42 

292 

272 

336 

36 

212 

150 

211 

18 


77 

93, 94 

326 


36 

56 

84 

235 

150 

212 

123 


47 

153 

52 

210 

107 


208 


18 

74, 96, 100 


Mr. Russell, 

by request.. 


Ordinance to establish a new judicial and election 
County from portions of the territory of Abbeville, 
Greenville, Laurens and Anderson Counties, to be 
called Washington County, with boundaries as 
hereinafter described. 


49 


Mr. Russell.. . 


Amendment to the Constitution, Article VIII, Sec¬ 
tions 1 and 2, on the right of suffrage. 


1271293 























































24 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 




•d 




o 

Other 

Introduced by 

TITLE. 

T3 




O 

U 

Proceedings. 



a 




HH 



Mr. Russell. 

Mr. Scarborough. 

Mr. Sheppard .. 

Mr. Sheppard ... 
Mr. Sheppard ... 

Mr. Sheppard ... 

Mr. Sheppard 
Mr. Sheppard. . 

Mr. Sheppard_ 

Mr. Sheppaad_ 

Mr. Sheppard_ 

Mr. Sloan. 

Mr. Sloan. 

Mr. Sloan . 

Mr. Sloan. 

Mr. Smalls . 


Authorizing the appointment of an additional Mail 
Clerk. 434 437 

Ordinance to establish a new judicial and election 
County from portions of the territory of Kershaw, 
Chesterfield, Darlington and Sumter, to be called 
Calhoun, with boundaries as hereinafter desig¬ 
nated . 89 


Resolution declaring that the election officers of the 
Convention be a President, two Vice-Presidents, 
a Secretary, a Sergeant-at-Arms, and a Reading 
Clerk.. 


8 


Resolution authorizing the President to appoint 
various standing Committees. 


14 


15 


Resolution that the members receive as compensa¬ 
tion $2 per diem during the session of the Con¬ 
vention, and five cents per mile coming to and 
returning from same. . 


18 


19 


Resolution requesting the Committee on Contingent 
Accounts and Expenses to present an ordinance 
providing for the disbursement of the appropria¬ 
tion made by the General Assembly for the 
expenses of the Convention. . 


371 


Resolution to adjourn sine die on the fourth day of 
| December, 1895.. 

Resolution instructing the Committee on Finance 
and Taxation to report an ordinance to maintain 
and support the State government until the meet¬ 
ing of the General Assembly. 


703 


572 


Resolution authorizing the Secretary of State to per¬ 
mit absent members to sign the Constitution. 702 

Resolution authorizing the President to fill in cer¬ 
tain blanks. . 702 


Resolution providing for the printing and distribu- 
| tion of copies of the Constitution. 

Resolution as to the printing of the laws, journals, 
Bills and legislative documents and papers for 
each branch of the General Assembly. 


702 


109 


212 


Resolution that no person who denies the existence 
of the Supreme Being shall be eligible to any 
office under this Constitution. 102 


Resolution for the removal of all causes by the 
General Assembly to the Courts created by the 
Constitution. 


105 


326 


Resolution as to the establishment and adjustment 
of claims against the State. 109 


Ordinance to regulate the right of suffrage. 


Ill 


293 




Mr. R. F. Smith_ 


Mr. R. F. Smith.. . 


Resolution providing for a homestead, as a substi¬ 
tute for Section 32, Article 2. 


42 


211, 342 


Ordinance providing for keeping record of mar- 
I riages. 


108 


187, 326 

















































25 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

Printed on page on which they are introduced, unless otherwise noted.) 



Mr. W. C. Smith. 

Resolution to prevent special privileges by educa¬ 
tional institutions. 

44 

308 

Mr. Smoak. 

Resolution to prohibit members of the Legislature 
from voting on measures or Bills in which they 
have a personal interest. 

107 

211 

Mr. Smoak. 

Resolutions making corporations responsible for the 
payment of work when a construction company 
fails to pay the laborers. 

86 

175, 212 

Mr. Smoak. 

Mr. Smoak. 

Resolution to create the new County of Calhoun 
from portions of Orangeburg and Lexington. 

Resolution to prohibit public trial of certain cases 
and the publication of details of such trials. 

GO 00 

c; 

187, 326 

Mr. Smoak. 

Mr - 

Resolution to define the conditions of Executive 
pardons. 

Article relating tn tlm judicial system. 

m 

43 

326 

Mr. Stokes. 

Ordinance relating to corporations, being Article 1 
of the Constitution. 

142 

263 

Mr. Sullivan. 

Resolution relating to the public printing and the 
furnishing of supplies for public offices, amending 
Article XIV, Section 7, of the present Constitution 

122 

175 

Mr. Sullivan. 

Resolution relating to public printing and furnish- 
ing supplies for certain offices. 

122 

175, 212 

Mr. Sullivan. 

Resolution empowering the Governor to suspend 
alleged defaulting State and County Treasurers 
and to fill their offices pending investigation . 

167 

308 

Mr. Sullivan. 

Resolution relating to the income tax. (Not printed.) 

37 

237 

Mr. Sullivan. 

Resolution providing for a common school fund and 
the distribution of same. 

85 

237 

Mr. Sullivan. 

Resolution prohibiting railroad corporations from 
consolidating with or controlling competing or 
parallel lines. (Not printed.). 

36 

263 

Mr. Talbert. 

Ordinance to establish a new judicial and election 
County from a portion of the territory of the 
Counties of Abbeville and Edgefield, to be called 
McCormick, with boundaries as hereinafter desig- 
nated. 

125 

292 

Mr. Taylor. 

Resolution to prohibit the intermarriage of white 

106 

212 

persons of mixed blood descended from a negro.. 

Mr. Taylor. 

Resolution relating to the qualification for office.... 

110 

292 

Mr. G. D. Tillman. 

Mr. G. D. Tillman. 

Resolution proposing an amendment to Section 6, 
Article 3, of the Constitution, relating to an 
apportionment of Representatives to the General 
Assembly. 

Ordinance to establish a new judicial and election 
County from a portion of the territory of Edge- 
field County, to be called 11 Saluda.” (Printed on 
page 75.) (For consideration, see Counties and 
County Government.). 

51 

35 

211 

114, 325 
75, 95, 9( 

























































26 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

Printed on page on which they are introduced, unless otherwise noted.) 

(*) indicates aye and nay vote. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. G. D. Tillman. 

Resolution proposing amendments to Section 3, 
Article 2, of the Constitution, relating to the erec¬ 
tion of new Counties and the removal of County 
seats and consolidation of Counties. 

45 

292 

Mr. G. D. Tillman. 

Resolution proposing an Article in the Constitution 
to re-establish the whipping post to properly 
punish vagrants, petty thieves and habitual wife- 
beaters. . 

151 

187 

Mr. B. R. Tillman.. .. 

Ordinance to establish a new judicial and election 
County from portions of the territory of Abbe¬ 
ville and Edgefield Counties, to be known as 
“ Mart Gary ” County. (Not printed.). 

35 

Mr. B. R. Tillman. 

Resolution for the formation of new Counties. 

45 

292 

Mr. B. R. Tillman. 

Resolution that the Conventien adjourn from Fri¬ 
day, October 4, to Tuesday, October 15. 

325 

• 

Mr. B. R. Tillman . .. 

Substitute for resolution limiting speeches to ten 
minutes . 

525 


Mr. B. R. Tillman. 

Resolution appointing a Steering Committee. 

*595 

*596, 606 

Mr. Timmerman. 

Ordinance to pension certain Confederate soldiers.. 

Ordinance to empower and authorize the General 
Assembly to change County lines. 

107 

153, 273 

Mr. Timmerman. 



125 

292 

Mr. Timmerman. 

Ordinance to prohibit office-holders from gambling 
or betting on games of chance. 




100 


Mr. Wells. 

Ordinance to postpone the next regular session of 
the General Assembly from the fourth Tuesday in 
November, 1895, to the second Tuesday in Janu¬ 
ary, 1896. (Consideration: Amendments, Mr. 
Eflrd, 568; 571.). 




486 

568, 573 , 574 

Mr. Wharton. 

Resolution for the relief of disabled and aged Con¬ 
federate soldiers and their widows. 


122 


Mr. Wharton. 

Resolution limiting speeches to ten minutes on all 
except the suffrage question. (For consideration, 
see Resolution of Organization, etc.). 



283 

321 

Mr. Wharton. 

Resolution to regulate elections and fix the term of 
officers. 


38 

187, 326 

Mr. A. H. White. 

Resolution relating to the supervision of the public 
instruction.... 

151 

308 

Mr. S. E. White. 

Resolution changing names of judicial division 
from Counties to districts. 

115 

292 

Mr. Wigg. 

Ordinance to direct the Comptroller-General and 
all persons charged with the collection of taxes 
to keep separate accounts of taxes paid by white 
and colored taxpayers.. .*. 

137 

236 

Mr. Winkler. 

That the Convention adjourn on Friday, October 4, 
to meet on Tuesday, October 15th. 




296 ! 


Mr. Stanyarne Wilson.. ] 

1 

Resolution declaring the roll of delegates in posses¬ 
sion of the Secretary of State duly qualified. 

2 



















































27 


ARTICLES, ORDINANCES AND RESOLUTIONS INTRODUCED IN THE CONSTITUTIONAL 

CONVENTION. 

(Printed on page on which they are introduced, unless otherwise noted.) 

(*) indicates aye and nay vote. 


Introduced by 

TITLE, 

T3 

0> 

O 

3 

'O 

o 

s-« 

Other 

Proceedings. 



t-H 



Mr. Stanyarne Wilson.. I Resolution authorizing the President to appoint the 
following: Assistant Secretary, Journal Clerk, 
Bill Clerk, Doorkeeper, Assistant Doorkeeper, Gal¬ 
lery Doorkeeper, Postal Clerk, six Pages and two 
Laborers. 


Mr. Stanyarne Wilson.. 

Mr. Stanyarne Wilson.. 

Mr. Stanyarne Wilson, 
by request.... 

Mr. Stanyarne Wilson.. 


Resolution limiting the time within which reso¬ 
lutions, etc., can be introduced. 


Mr. W. B. Wilson. 


Mr. W. B. Wilson. 


Resolution authorizing the Committee on Judicial 
Department to have printed certain drafts. 

Ordinance to establish a new judicial and election 
County from a portion of a territory of Spartan¬ 
burg, Union, Laurens aud Greenville, to be called 
Enoree. 


Resolution providing for the creation, establishment 
and maintenance of a Bureau of Labor Statistics.. 

Resolution providing for the establishment and 
maintenance of a reformatory. 


Resolution regulating the right of suffrage. 


Committee on Contin¬ 
gent Accounts and | 
Expenses. 


Resolution providing for the payment of and dis¬ 
pensing with the services of the clerks in the En 
grossing Department. 


Committee on Contin¬ 
gent Accounts and 

Expenses.^Ordinance defining the pay and mileage of the mem- 

j bers, officers and employees of the Convention 
(For consideration, see “ Resolutions Relating to 

Committee on Counties Organization,” etc.). — 

and County Govern¬ 
ment .Ordinance to relieve the x atemplated new 

County of Seabrook from the provisions of Section 
5, Article —, on Counties and County Government 
(For consideration, see Ordinances Considered 
Without Reference.) 


Committee on Counties 
and County Govern¬ 
ment . 


Committee on Printing. 

Committee on Exect ~re 
Department. 


Committee on Rules.... 
Committee on Rules.... 
Committee on Rules... 

Committee on Rules.... 


Ordinance to relieve the contemplated new County 
of Seabrook from the provisions of this Constitu¬ 
tion . . 


14 

99 

243 


551156 
87 212 

149 j 235 
121 292 


426 


435, 426, *437 


Resolution naming Charles A. Calvo, Jr., Printer for 
the Convention. 

Resolution providing that official residence shall not 
affect the right of suffrage of State officers. 

Resolution relating to the hours of daily sessions of 
the Convention. 

Resolution that members may “pair” upon any 
question before the Convention. 


Resolution providing for the preservation of Ordi¬ 
nances and Resolutions and for the distribution of 
printed copies of the same. 


Resolution to facilitate the proceedings of the Con¬ 
vention .. 


Committee on Judicial ,, „ _ 

Department. “ Schedule.” (For consideration, see Measures Con- 

I sidered Without Reference.). 


501 568, 655, 705 


610 666, 667, 668, 669 

519 
74 

166 293 
274 
321 

373^415 
543 544, 545 
643 644, 663, 697 





























































28 


RESOLUTIONS RELATING TO THE ORGANIZATION AND TO FACILITATE THE PROCEED¬ 
INGS OF THE CONVENTION. 


Introduced by 

TITLE. 

Page. 

Mr. Aldrich. 

Authorizing the President to appoint two additional 

81 


laborers. 

Mr. Aldrich. 

Providing for the indexing and distribution of printed 
copies of the Permanent Journal of the proceedings of 

714 


the Convention. 

Mr. Aldrich. 

Appropriating $1 per day additional for services of Ser- 



geant-at-Arms. 

686 

Mr. Austin. 

Substitute for resolution to add another member to the 



Committee on Counties and County Government. 

226 

Mr. Bellinger. 

Fixing salaries nf nnrtain nftir.prs of t.hp f!nnypntinn . 

325, 417 

Mr. Breazeale. 

Substitute authorizing the Committee on Counties and 



County Government to submit two reports. 

226 

Mr. Breazeale . 

Authorizing the payment of two additional laborers. . . 

371 

Mr. Breazeale. 

Authorizing the printing of additional copies of the 



Journal of Proceedings . 

510 

Mr. Buist. 

Instructing the Committee on Rules to prepare a rule 



limiting debate. 

321 

Mr. Buist. 

Authorizing an autographic list of delegates of the Con- 



vention.. 

177 

Mr. Conner. 

Regulating the hours of the daily sessions of the Con- 



vention. .. 

597 

Mr. Dudley. 

Ordinance to provide for an alphabetical index and 
marginal notes to the Constitution and ordinances of 



the Constitutional Convention of 1895. 

510, 671, 698, 705 

Mr. Eflrd. 

To elect a Reading Clerk. 

13 

Mr. Eflrd. 

Authorizing the appointment of clerks for various com- 


mittees. 

16 

Mr. Eflrd. 

That Standing Committees need not withhold reports 



until after the 23d. . 

133 

Mr. Eflrd. 

Authorizing the Comptroller-General to draw his war- 



rant for the account of C. A. Galvo, Jr. 

324 

Mr. Ellerbe. 

Allowing the Chaplains of the Convention $25 in addi- 



tion to the amount provided. 

701 

Mr. Ellerbe. 

To adjourn on Tuesday, October 4, to meet on Tuesday, 



January 14, 1896 .. 

288, 295 

Mr. W. D. Evans. 

Recommitting Chapter VII of the report of the Commit- 



tee on Rules. 

80 

Mr. W. D. Evans. 

Relating to the hours of the daily sessions of the Con- 



vention.. . 

597 

Mr. W. D. Evans. 

Resolution in regard to paying the State Printer 

650, 663, 698, 705 

Mr. W. D. Evans. 

Authorizing the Secretary to add the names of deceased 


members to the Constitution . 

727 

Mr. W. D. Evans. 

Ordinance to provide for the payment of the per diem 
and mileage of the delegates, officers and employees 
of the Convention, and other necessary expenses, and 
to require the General Assembly to make additional 



appropriations to pay the same. 

623, 651, 662, 705 

Mr. Fraser. 

Requesting Committees to incorporate in proposed Articles 
all resolutions and ordinances upon which they report 


‘ 

favorably . 

216 



























































29 


RESOLUTIONS RELATING TO THE ORGANIZATION AND TO FACILITATE THE PROCEED¬ 
INGS OF THE CONVENTION. 


Introduced by 


TITLE. 


Page. 


Mr. Fraser. 

Mr. Garris. 

Mr. Gary. 

Mr. Gray. 

Mr. Gray. 

Mr. Gray. 

Mr. Gray. 

Mr. D. S. Henderson .. 

Mr. Wilie Jones . 

Mr. Lee. 

Mr. McCalla. 

Mr. McGowan. 

Mr. McCown. 

Mr. McMahan. 

Mr. W. J. Montgomery 

Mr. Otts. 

Mr. Otts. 

Mr. Prince. 

Mr. Prince. 

Mr. Russell. 

Mr. Russell. 

Mr. Sheppard. 

Mr. Sheppard. 

Mr. Sheppard .. . 


Authorizing tbe Committee on Style, Order and Revision 
to employ additional clerks . . 

Relating to per diem and mileage due deceased mem¬ 
bers. 


Limiting speeches to ten minutes. 


Authorizing the President to appoint two assistant clerks, 
six pages and four laborers. 


Authorizing tbe Secretary of the Convention to furnish 
the Convention and the several Committees necessary 
stationery. 


Requesting the State Printer to print the proceedings of 
the Convention at the scale of prices paid by the Legis¬ 
lature until permanent award of same. 


Authorizing C. A. Calvo, Jr., to print flve hundred copies 
of the Permanent Journal of Proceedings. 

Inquiring the cost of a stenographic report of the pro¬ 
ceedings . 

Allowing the Secretary of the Convention the additional 
sum of $50 for stationery. . 

Instructing the Committee on Rules to prepare a resolu¬ 
tion permitting pairing. 


Instructing the State Treasurer to report whether he has 
sufficient funds in hand to pay the expenses of the 
Convention. 


Revoking leaves of absences. . 

Instructing the Committee on Suffrage to report a clause 
in favor of women’s suffrage. 

Instructing the Committee on Printing to engage a 
stenographer to preserve a complete record of the pro¬ 
ceedings .. 


Authorizing the Chief Clerk of the Engrossing Depart¬ 
ment to expend $25 for stationery. 


Extending the privileges of the floor to Confederate 
Veterans. 


To add Hon. J. W. Floyd to the Committee on Counties 
and County Government. 


Allowing the employees of the Convention the same 
mileage as members. 


Resolving that the Convention will not create any new 
Counties. 


Relating to the Public Printer and printing. 

Authorizing the appointment of an additional Mail 
Clerk. 


Authorizing the Secretary of State to permit absent 
members to sign the Constitution. 


To adjourn sine die on the fourth day of December, 
1895. 

Instructing the Committee on Finance and Taxation to 
report an ordinance to maintain and support the State 
government until the meeting of the General Assem¬ 
bly. 


6S7 

651, 658 
525 

14 

18 

18 

100 

18,75 

227 
304 

597 

525 

129, 292 

132 

133 
535 

228 
326 

77, 93, 94 
18, 74, 96, 100 

434, 437 

702 

703 

592 



























































30 


r- 


RESOLUTIONS RELATING TO THE ORGANIZATION AND TO FACILITATE THE PROCEED¬ 
INGS OF THE CONVENTION. 


( *) in dicate s aye and nay vote- 


Introduced by 

TITLE. 

Page. 

Mr. Sheppard . 

Declaring that the elective officers of the Convention be 
a President, two Vice Presidents, a Secretary, a Ser- 

8 


geant-at-Arms and a Reading Clerk. 

Mr. Sheppard. 

Authorizing the President of the Convention to appoint 

14, 15 

various standing Committees. 

Mr. Sheppard . 

Relating to the compensation of members of the Con- 

18, 19 


vention. 

Mr. Sheppard .. ’. ... 

Requesting the Committee on Contingent Accounts and 
Expenses to report an ordinance providing for the dis¬ 
bursement of the appropriation made by the General 

371 


Assembly to defray the expenses of the Convention. .. 

Mr. Sheppard. 

Authorizing the President to HU in certain blanks. 

702 

Mr. Sheppard. 

Providing for the printing and distribution of copies of 

702 


the Constitution. 

Mr. B. R. Tillman... . 

That the Convention adjourn from Friday, October 4, to 

*325, 326 


Tuesday, October 15. 

Mr. B. R. Tillman. 

Substitute for resolution of Mr. Gary limiting speeches 

525 


to 10 minutes. 

Mr. B. R. Tillman . 

Appointing a Steering Committee. [For consideration 

*595, *596 


see General Index.]. 

Mr. Stanyarne Wilson.. 

Declaring the roll of delegates in possession of the 



Secretary of State duly qualihed. 

2 

Mr. Stanyarne Wilson.. 

Authorizing the President to appoint various officers and 

14 


laborers. —.. . 

Mr. Stanyarne Wilson.. 

Refusing to entertain resolutions to revise, amend or 

99 

change the Constitution after 23rd inst. 

Mr. Stanyarne Wilson.. 

Authorizing the Committee on Judicial Department to 

243 


have certain drafts printed.— 

Mr. Wharton. 

Limiting speeches to 10 minutes on all except the suffrage 

283, 321 


question. 

[Consideration: Amendments, Mr. Patter¬ 
son, 321; Messrs. Wigg and Von Kolnitz, 

322; Mr. McCown, ^allowing disposition 
of time as member desires, 322; Mr. 

Aldrich, *to lay on table, 3(38; Messrs. 

Hutson and Aldrich, 388; *on adoption, 

368.] 

Mr. Winkler. 

That the Convention adjourn on Friday, October 4, to 

296 


meet ou Tuesday, October 15. 

Committee on Printing. 

Electing Charles A. Calvo, Jr., printer for the Conven- 

74 

Mr. Fraser, for Commit¬ 
tee on Style, Order 

tion. 

and Revision- 

Resolution as to printing Articles which have passed a 

291 


third reading. 

Committee on Rules.... 

Relating to the hours of the daily sessions of the Con- 

274 


vention. 

Committee on Rules.... 

That members may “ pair ” upon any question before 

321 


the Convention,,.. 

Committee on Rules.... 

Resolution relating to the preservation of ordinances, 
resolutions, etc., and the distribution of printed copies 



of the same. 

373, 415 

Committee on Rules.... 

Resolutions to facilitate the proceedings of the Conven- 



tion.. 

543, 544, 545 


















































31 


RESOLUTIONS. 


Introduced by 

TITLE. 

Page. 

Mr. Breazeale. 

Relating to the death of a daughter of Hon. Ira B. 



Jones, and to his unavoidable absence. 

226 

Mr. Bates. 

Substitute for resolution relating to an editorial in “ The 



State ” newspaper .*.. 

156 

Mr. Clayton. 

Relating to the death of Hon. J. M. Sprott. (For con- 


sideration, see “General Index.”). 

658 

Mr. W. D. Evans. 

Relating to the death of Hon. R. H. Hodges. (For con- 

385, 402 


sideration, see “General Index.”). 

Mr. Patton. 

Expressing sympathy with the Cuban patriots. 

272, 336 

Mr. Miller. 

Relating to a reported assault upon a citizen by the 

260, 271 


name of Anderson. 

Mr. W. J. Montgomery. 

Thanking the Committee on Style, Order and Revision 

728 

for its services. 

Afr, Pfittprsnn 

Relating to an editorial in “The State” newspaper. 

154, 156, 157, 158 


[Consideration: Report of Committee, con¬ 
taining substitute, 156; substitute (Mr. 
Patterson), 156; substitute (Mr. Bates), 

156, 157; amendments, Messrs. Aldrich 
and Gage, 157; Mr. Barker, *to indefi¬ 
nitely postpone the whole matter, 157, 


158; reasons for votes upon, 159,160,161.] 


Mr. Patterson. 

Expressing appreciation of the ability and courtesy of 
the presiding officer, and of the services of the other 



officers of the Convention. 

728 

Mr. Gage. 

Substitute for resolutions relating to an editorial in 

157 

“ The State ” newspaper. 

Mr. D. S. Henderson— 

Relating to the death of Judge George S. Bryan . 

288 

Mr. McWbite. 

Relating to the death of Hon. J. 0. Byrd. (For con- 

339, 364, 365, 380 

sideration, see “ General Index.”). 






























I 


32 


ORDINANCES CONSIDERED WITHOUT REFERENCE. 


Introduced by 


TITLE. 


•a 

® 

o 

S3 

O 


Other 

Proceedings. 


Mr Conner. 


Ordinance to authorize the General Assembly to 
provide for a sinking fund in the several Counties 
of the State to enable the same to do business 

on a cash basis.. 

(.Consideration: Mr. Conner, *069; Mr. 

Meares, *to indefinitely postpone, 

670; Mr. W. B. Wilson, *to lay on 
table, 671; Mr. Rogers, *to insert 
“shall” for “may,” 698.] 


496 


705 

669, 670, 671,698, 


Mr. Ellerbe 


Ordinance to dispense with the holding of the 
approaching session of the General Assembly. 


325 


578 


Mr. W. D. Evans. 


Ordinance to provide for the payment of interest on 
the public debt of the State of South Car olina to 
become due on the first day of January, 1896, and 
to make appropriations for this purpose. 


623 


651, 662, 705 


Mr. Gray, 


Ordinance to provide that the General Assembly 
may hereinafter enact such laws as may be neces¬ 
sary to validate and carry into effect the subscrip¬ 
tions to the capital stock of the Carolina, Knox¬ 
ville and Western Railway Company heretofore 
voted for and authorized by the qualified voters of 

Greenville County. 

[Consideration: Amendments •— Mr. 

Austin, 529; ordered engrossed, 529.] 


379 418, 569, 580, 706 


Mr. Henry 


Requiring the General Assembly to provide com¬ 
pensation for Commissioners and Managers of 
Election for delegates to the Convention. 


658 


666, 699 


Mr. E. J. Kennedy 


Ordinance allowing the General Assembly to pro¬ 
vide for validating and carrying into effect sub¬ 
scriptions heretofore made by Chesterfield and 
Spartanburg Counties to the capital stock of any 

railroad corporation .. 

[Amendments of Committee on Style, 

Order and Revision, 579, 580.] 


370 


597 

396, 437, 513, 


579, 


Mr. E. J. Kennedy. 


Ordinance to provide that the General Assembly 
may hereinafter enact such laws as may be neces¬ 
sary to validate and carry into effect the subscrip¬ 
tions to the capita] stock of the Chesterfield and 
Kershaw Railroad Company heretofore voted for 
and authorized by the qualified voters of Chester¬ 
field County. 


374 


597 

437, 438, 497, 513, 


Mr. Ragsdale. 


Ordinance to validate and carry into effect subscrip¬ 
tions to the capital stock of the Cape Fear and 
Cincinnati Railroad Company and the Wades- 
boro, Winnsboro and Camak Railroad Company.. 
[Consideration; Mr. McGowan, 621.] 


608 


621, 655, 705 


Mr. Wells 


Ordinance to postpone the next regular session of 
the General Assembly from the fourth Tuesday in 
November, 1895, to the second Tuesday in Janu¬ 
ary, 1896... 

[Consideration: Amendments—Mr. 

Eflrd, 568; 570; adopted, 573, 574; 

Order, Style and Revision Commit¬ 
tee, 575.] 


486 


568 



































33 


ORDINANCES CONSIDERED WITHOUT REFERENCE. 


Introduced by 






o 

Other 

TITLE. 

d 

'd 



2 

a 

hH 

Proceedings. 


Committee on Contin¬ 
gent Accounts and! 
Expenses. 


\ 


Committee on Contin¬ 
gent Accounts and 
Expenses. 


Committee on Counties 
and County Govern¬ 
ment . 


Ordiuance defining the pay and mileage of mem¬ 
bers. officers and employees of this Convention... 
[Consideration: Made special order, 

508; 575; made special order, 584; 

Section 1, Messrs. Nicholson and 
Barton. 585; Mr. Nicholson, ^relat¬ 
ing to pay of members, 585; Messrs. 
Nicholson and Sligh, 280; Messrs. 
Winkler, Ragsdale, Harrison, 

Smalls, W. D. Evans, W. B. Wilson 
and McCown, 587; Mr. Ragsdale, 
to reconsider, ^relating to pay of 
* Postal Clerk, 588; Mr. Johnson, 

588; Mr. Talbert-, *to reconsider, re¬ 
lating to pay of Secretary, 588,589; 

Messrs. Austin and W. D. Evans, 

589; Mr. Stanyarne Wilson, delat¬ 
ing to pay of Assistant Secretary, 

Bill Clerk and Journal Clerk, 589, 

590 ; Mr. Stanyarne Wilson, 590 ; 

Messrs. Ragsdale, Rogers and W. 

D. Evans, 590; Mr. Geo. Johnstone, 

*to recommit, 590, 591 ; Mr. B. R. 
Tillman, *to adjourn, 591; Mr. Stan¬ 
yarne Wilson, delating to pay of 
members, 592; Mr. McGowan, 593; 

Mr. Fields, 598. Report of Com¬ 
mittee on Style, Order and Revision, 

705; amendments, Messrs. Field 
and Clayton, 055; read third time, 

055.] 

Resolution providing for the payment of and dis¬ 
pensing with the services of the clerks in the 

Engrossing Department.. 

[Consideration : Mr. Wilson, 435; Mr. 
Bowman, *to indefinitely postpone 
report of Committee, 436, 437; 

Messrs. Gary and Fitch, 437.] 

Ordinance to relieve the contemplated new County 
of Seabrook from the provisions of this Constitu¬ 
tion . 

[Consideration: Petitions—for, 497; 
against, 500. Mr. Austin, 529; 

Messrs. W. B. Wilson, R. F. Smith 
and G. D. Tillman, 666; on amend¬ 
ment, Mr. W. B. Wilson, ^except¬ 
ing Rock Hill, 666, 667; reasons for 
voting on, 667, 668; *on adoption of 
ordinance, 668; *on motion to re¬ 
consider rejection, 668.] 


501 655 


426 435, 426, 437 


610 

519 


Committee on Judicial 
Department. 


Schedule.”. 

[Consideration: Section 1, Mr. Fraser, 
697; Mr. Geo. Johnstone, 697. Sec¬ 
tion 7. Mr. Fraser, 697. Section 8. 
Mr. S. Wilson, 697. Section 9. Mr. 
S. Wilson, 697.] 


643 644, 663 , 697 









































CLASSIFIED INDEX. 


An Asterisk (*) Indicates an Aye and Hay Vote. 


3 







36 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON DECLARATION 

OF RIGHTS. 


Introduced by 

, TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Aldrich. 

Article 9 of draft of a Constitution. (Printed on 
page 59). 

35 

58, 274 

Mr. Patton. 

A resolution to preserve the right of trial by jury... 

84 

274 

Mr. Sloan. 

Resolution that no person who denies the existence 
of the Supreme Being shall be eligible to any office 
under this Constitution. 

102 

275 

Mr. I. R. Reed. 

Resolution for the protection of persons charged 
with crimes and misdemeanors. 

123 

275 

Mr. Parler. 

A resolution relating to the rights of accused. 

CO 

H 

275 

Mr. Meares. 

Resolution forming Article 1 of the Constitution on 
Declaration of Rights. 

134 

275 

Mr. Mower., . 

An ordinance relating to the Declaration of Rights.. 

144 

275 

Mr. McMahan... 

An Ordinance to forbid discrimination on account 
of religion. 

185 

252 


REPORTS. 


Upon various ordinances and resolutions 274, 275. 
Report of Committee containing proposed Article, 275. 

CONSIDERATION. 


Section 1—Mr. Ragsdale,'345. 

Section 2—345; Mr. B. R. Tillman, 654. 

Section 3—Mr. B. R. Tillman, 345. 

Sections 4, 5, 6 and 7—345. 

Section 8—345 ; 712. 

Section 9—345. 

Section 10—Mr. Bellinger, 345. 

Section 11—345. 

Section 12—Mr. B. R. Tillman *to strike out Section 12 “ that all elections shall be free and open,” 
etc., 345 ; Mr. W. B. Wilson *to strike out ” and open,” 346; 652. 

Section 13—Messrs. Meares and Wilson, 652 ; Mr. Prince, 653. 

Sections 14 and 15—346. 

Section 16—Mr. Mower, 347. 

Section 17—Mr. Bellinger, 347. 

Sections 18 and 19—347. 

Section 20—Mr. Stanyarne Wilson, 347; Messrs Mower and Ragsdale, 653; Mr. Stanyarne Wilson 
♦dispensing with grand jury in certain cases, 653 ; Messrs. Bowman, Fraser and Meares, 654. 
Section 21—Mr. Bellinger, 347; Mr. Rogers, 356; 654. 

Section 22-347; 654. 

Sections 23, 24, 25 and 26—347. 

Section 27—Mr. Sheppard, 347; Mr. George Johnstone, 358. 

Section 28—349; 712. 

Sections 29 and 30—347. 

Section 31—Mr. Ragsdale, 347. 

Sections 32 and 33—347. 

Ordered to a third reading, 654; read third time, 697, 






























37 


\ 




ORDINANCES AND RESOLUTIONS REFERRED TO THE COMMITTEE ON RIGHT OF SUFFRAGE. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Aldrich. 

Article 4 of draft of a Constitution. (Printed on 




page 59.). 

35 

58 

Mr. Clayton. 

Resolution, the right of suffrage not to be denied on 




account of sex. 

183 

293 

Mr. Eflrd. 

Resolution relating to the right of suffrage. (Printed 




on page 77.). 

17. 

292 

Mr. frflmhlp. 

Ordinance relating to the right of suffrage. 

101 

292 

Mr. Hodges. 

Resolution to make licensed ministers of the Gospel 




ineligible to hold oillce in South Carolina. 

39 

292 

Mr. George Johnstone.. 

Ordinance relating to the right of suffrage, being 




Article 8 of the present Constitution. 

53 

292 

Mr. George Johnstone.. 

Ordinance in relation to suffrage and citizenship, 




being Article 8 of the present Constitution. 

222 

292 

Mr. McMahan. 

Ordinance to prescribe who shall be voters. 


293 

Mr P:i rlpr 

Ordinance relating to suffrage. 

110 

292 

Mr Pa rrntt 

Ordinance to extend the right of suffrage. 

151 

293 

Mr. Patton. 

Resolution for the regulation of suffrage in the 




State of South Carolina. . . • 

42 

292 

Mr. Russell. 

Amendment to the Constitution, Article 8, Sections 




1 and 2, on the right of suffrage . 

127 

293 

TVfr ftmnlls 

Ordinance to regulate the right of suffrage. 

111 

293 

Mr. Taylor. 

Resolution relating to the qualification for office... 

110 

292 


Resolution regulating the right of suffrage. 

121 

292 

The Committee on the 




Executive Department 

Resolution providing that official residence shall 




not affect the right of suffrage of State officers.,.. 

166 

293 


CONSIDERATION OF THE REPORT OF THE COMMITTEE ON RIGHT OF SUFFRAGE. 


REPORTS. 


On the matter of the contest from Williamsburg County, 153. 

Reports upon various ordinances and resolutions, 292 

Recommending various amendments to the report of the Committee, ooi. 

Report of Committee, containing proposed Article, 297. 


CONSIDERATION. 


Substitutes proposed for report of Committee: By Mr. Wigg, 411; by Mr. Whipper, 412;*on 
adoption of same, 420; by Mr. Patton, 424, 425; *upon calling previous question on adoption of 

Sa Made~spec^al°orderf < 347j < j*motio , n "(Mr. Irby) to discharge special order, 440; to lay motion on 

^Sect^n’l-Mr.MiS^l of 415; 421; Mr. B. R. Tillman, to allow political parties representation 
on Boards of Managers; *515, 516; Mr. W. D. Evans, *to reconsider and lay that motion on table, 
*516, 517. 

Section 2-415; Committee, 381; Mr. Bellinger, 421 

Seetion 3—415* Mr. Clayton, *granting suffrage to both sexes, 421, 422, 423, Mr. Sligh, *permit- 
tingGeneral Assembly to aliow women’s suffrage, 423, 424; Committee, 381; Mr. George John- 
stone, 424. 














































38 




Section 4—Committee, 381, 480, 481, 433; Messrs. Dudley, Montgomery and Jervey, 426, 427; Mr. 
S. Wilson, *substituting the “ understanding ” clause, 431; Mr. Bellinger, *to amend Mr. Jervey’s 
amendment by adding “ or upon proof that he voted in elections of ’92 and ’94.” 432; Messrs. Par¬ 
rott. Sheppard, Lee, Nash and Rogers, 435; Mr. Bellinger, 435; 443; Mr. Dudley, providing Aus¬ 
tralian ballot, etc., 433, *438, 439; Messrs. W. J. Montgomery, Parrott and Sheppard, 439: Messrs. 
Lee and George Johnstone, 440; Mr. Rogers, *to strike out property qualification, 441, 442; Mr. 
George Johnstone, 443; Messrs. Bryan and Stokes, 443; Mr. Stokes, 481; Mr. Aldrich, 481; Mr. 
Irby, *to strike out subsection “ d,” relating to educational and property qualifications, 298; Mr. R. 
F. Smith, 483; *on adoption of “Section 4,” 483; Messrs. Talbert and B. R. Tillman, 513. 

Section 5—Mr. Bryan, 433, 486, 487. 

Section 6—Mr. Gamble, 435; Messrs. Bellinger, E. J. Kennedy and Doyle, 487; Messrs. Gamble 
and Wigg, 513. 

Section 7—Committee, 433, 487. 

Section 8—Committee, 434, 487; Messrs. Sheppard and Gage, 487; Mr. W. D. Evans, *to strike out 
after “provided,” 487, 488 ; Mr. Bryan, 488 ; Mr, B. R. Tillman, 513. 

Section 9—Messrs. Sheppard, George Johnstone and Wiison, 488; Mr. S, Wilson, 492. 

Section 10—Mr. B. R. Tillman, 488. 

Section 11—488; Messrs. Sheppard and Fitch, 489; Messrs. Bryan, George Johnstone and Fitch, 
492; Messrs. Prince and Breazeale, 493; Mr. S. Wilson, *to reconsider amendment of Mr. Bryan, 
493, 494; Mr. B. R. Tillman. 513. 

Section 12—Committee, 381, 434 ; Mr. B. R, Tillman. 489; Messrs, B. R. Tillman and Hamel, 514 ; 
Mr. Prince, 515; Mr. Lee, 51o; Mr. B. R. Tillman, 515; Mr. D. S. Henderson, 514. 

Section 13—Committee, 381, 433, 434; Mr. D, S. Henderson, + to lay on table amendments of Mr. 
Meares, 489; Messrs. George Johnstone and Gage, 490; Mr. D. S. Henderson, *to lay on table 
amendment of Mr. Jeremiah Smith, 490; Messrs. Jeremiah Smith and Prince, 494; Mr. Meares, 494, 
495; Mr. Dudley, 515 ; Mr. Prince, 515, 

Sections 14 and 15—495. 

Report of Committee on Engrossed Resolutions upon, 498, 

Read third time, *516, 517. 

Reasons for voting on final adoption, 517, 518, 


39 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON LEGISLATIVE 


DEPARTMENT. 



'O 

<x> 

O 

Other 

Introduced by 

TITLE. 

'd 




O 

a 

HH 

Proceedings. 

Mr. Aldrich. 

Sections 1, 12 and 14 of drafts of a Constitution. 




(Printed on page 59.). 

35 

234 

Mr. Austin. 

Resolution relating to the carrying of concealed 




weapons. 

221 

245 

Mr. Berry.. 

Resolution providing for the registration of marri- 




ages. 

147 

211 

Mr. J. S. Brice. 

Resolution in regard to biennial sessions of the 




General Assembly. 

46 

211 

Mr. J. S Brice . 

Resolution in regard to quadrennial elections. 

50 

211 

Mr. J. S. Brice. 

Resolution in regard to compensation of members 




of General Assembly. 

39 

210 

Mr. Buist. 

Resolution forbidding the General Assembly grant- 




ing extra compensation under certain conditions.. 

102 

210 

Mr. Buist. 

Resolution forbidding the General Assembly to 




donate the property of the State to private cor- 




porations or individuals.‘.. 

105 

210 

Mr. Buist. 

Resolution forbidding the payment of salaries 




beyond the date of the death of any officer of this 




State. 

106 

210 

Mr. Burn. 

Resolution in regard to family homestead. 

41 

211, 342 


Mr. Connor. 

Mr. Doyle. 

Mr. Dudley. 

Mr. Estridge. 

Mr. Gage. 

Mr. Gamble. 

Mr. Garris. 

Mr. Gooding. 

Mr. Hamel. 

Mr. D. S. Henderson. 

Mr. D. S. Henderson. 

Mr. Howell. 

Mr. Hutson. 


Resolution requiring biennial sessions of tbe Legis¬ 
lature and providing for a four year term of 
office. 


Resolution to prevent prize fighting. 


Ordinance to provide for marriage licenses and 
record of same, with births and deaths, by Clerk 
of Court. 


Resolution prohibiting attorney of a corporation 
from holding office of Senator or Representative 

Ordinance to prohibit special legislation. (Printed 
on page 58). 

Ordinance relating to the right of suffrage. (See 
Committee on Right of Suffrage). 


Resolution establishing tbe office of Commissioner 
of Labor. 


Resoiution in relation to fishing in the unnavigable 
running streams and waters of this State. 

Resolution relating to the homestead. 


Resolution relating to the granting of divorces in 
this State. (Not printed.) 

Resolution as to the oaths to be taken by all the 
officers to be elected or appointed. (Not printed). 

Resolution providing for homestead, amending Arti¬ 
cle 2, Section 32, of present Constitution. 

Resolution relating to the rights of married women. 
(Not printed). . 


207 

148 

101 

102 

35 

101 

83 

148 

185 

17 

17 

47 

17 


212 

211 

234 

211 

292 

211 

212 

234, 342 
34 

Unfinished. 

93, 112, 187, 234 


211, 342 
34 





















































ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON LEGISLATIVE 



DEPARTMENT. 





T3 

o 

Other 

Introduced by 

TITLE. 

£ 

o 

Sh 

Proceedings. 

Mr. E. J. Kennedy. 

Resolution limiting the tenure of office. 

172 

234 

Mr. Lowman. 

Mr. Lowman. 

Article —. Power of the General Assembly over 
taxation... 

Resolution to prohibit the intermarriage of whites 
with negroes, etc., or their living together as man 

91 

212 


and wife. 

150 

211 


Mr. McKagen 


Resolution relative to the ineligibility of Senators 
and Representatives for any office of profit. 


169 235 


Mr. McMahan 


Ordinance to empower the Legislature to enact laws 
regulating the competency of men to marry. 


217 


245 


Mr. McMahan... 


Ordinance to suppress indecent publications. 


222 


245 


Mr. McMahan. 


Mr. Moore 


Ordinance to provide for a Department of Roads 

and Forestry. 

Messrs. Sheppard and McMahan, 376 ; 

Mr. McGowan, 376; Mr. Sheppard 
*to insert “ may ” for shall, 376 ; Mr. 

Otts, 377. 


222 


214, *376, 377 


Ordinance to disallow distress for rent, 


yi 


212 


Mr. Moore.. 

Mr. Otts. 

Mr. Prince... 

Mr. Prince. 

Mr. Rogers. 

Mr. Sloan. 

Mr. Smoak. 

Mr. Smoak. 

Mr. R. F. Smith. 

Mr. Sullivan. 

Mr. Taylor. 

Mr. G. D. Tillman. 


Ordinance to compel the publication of city, town 
and village affairs by the Treasurer or authorized 
officer. 

Ordinance in regard to concealed weapons. 

Resolution relating to homestead and exemptions. 
(Printed on page 57.)... 


1821234 
172 234 

36 212 


Resolution relative to the eligibility of members of 
the General Assembly and Judges to certain 
offices. 


150 


211 


Resolution to abolish the right of dower in lands 
aliened by the husband during coverture. 


52 


210 


Resolution as to the printing of the laws, Journals, 
Bills and legislative documents and papers for 
each branch of the General Assembly. 


109 


212 


Resolution to prohibit members of the Legislature 
from voting on measures or Bills in which they 
have a personal interest. 


207 


212 


Resolution making corporations responsible for the 
payment of work when a construction company 

I fails to pay the laborers. 

Resolution providing for a homestead, as a substi¬ 
tute for Section 32, Article 2. 

Resolution relating to public printing and furnish¬ 
ing supplies for public officers. 


86 


175, 212 


42 211, 342 
122 175, 212 


Resolution to prohibit the intermarriage of white 
persons with negroes, mulattoes, or persons of 
mixed blood descended from a negro. 


106 


212 


Resolution proposing an amendment to Section 6, 
Article 3, of the Constitution, relating to an ap¬ 
portionment of Representatives to the General 
Assembly. 


51 


211 


























































41 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON LEGISLATIVE 

DEPARTMENT. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Wharton. 

Resolution to regulate elections and fix the terms of 
officers . 

38 

187, 234 

Mr. Stanyarne Wilson.. 

Resolution providing for the creation, establishment 



and maintenance of a Bureau of Labor Statistics. 

87 

212 


REPORTS. 

Upon various ordinances and resolutions, 34,191, 210, 211, 234. 

Upon “ Section 34,” which was referred to them, 511. 

Report of committee, containing proposed Article, 191. 

CONSIDERATION. 

Taken up—259. 

Section 1—208. 

Section 2—Mr. Sligh, +to elect legislators for two instead of four years, 268. 

Section 3—Mr. Sligh, 208, 269; Mr. Barker, 269; 278. 

Sections 4 aud 5—269. 

Section 6—Messrs. Wilson and Ragsdale, 269; Mr. Barker, ^allowing Charleston two Senators, 270. 

Section 7—Mr. B. R. Tillman, *to lay on the table substitute of Mr. Aldrich, to allow only white 
men seats in the Legislature, 270, 271; Messrs. B. R. Tillman, Barker, S. E. White, 279. 

Section 8—Mr. Sheppard, 279 ; Mr. Sheppard, 314; Mr. Geo. D. Tillman, 693. 

Section 9—Messrs. B. R. Tillman and Gray, 279 ; Mr. Derham, *to lay on table amendment of Mr. 
B. R. Tillman delating to limitation of the time of the sessions of the General Assembly, 279, 280 ; 
Mr. Klugh, 280; Mr. Bryan, 015. 

Sections 10 and 11—280. 

Section 12—Mr. Gage, 280. 

Section 13—Mr. Gage, 281. 

Sections 14 and 15—281. 

Section 16—Mr. Stanyarne Wilson, 281. 

Section 17—281. 

Section 18—281; Mr. Ira B. Jones, 693. 

Section 19—Mr. Bellinger, 281. 

Section 20—Messrs. Derham and Lee, 281; Mr. T. E. Johnson, *fco lay on the table motion of Mr. 
Gray, relating to compensation of members of the General Assembly, 281, 282; Messrs. Gray and 
W. D. Evans, 314; Mr. Sligh, 323. 

.Sections 21, 22, 23 and 24—314. 

Section 25—Messrs. Ragsdale and George Johnstone, 314. 

Section 26—314. (See Errata.) 

Section 27—Messrs. Wilson and Meares, ^relating to dueling, 314, 315; Messrs. Byrd, Wigg and 
Henderson, 315; Mr. Jervey, 316; Mr. Sligh, *to lay on table amendment of Mr. Wilson relating to 
dueling, 316. 

Section 28 —317. 

Section 29—317; Messrs Fraser,-, J. L. Glenn, Farrow, B. R. Tillman, Prince, Howell, W. J. 

Montgomery, Meares, Ragsdale and W. B. Wilson, 317, 318; made special order, 341; 318; Mr. 
Howell, delating to homestead, 353; Mr. Ragsdale, 353; Messrs. Fraser, Sheppard, Von Kolnitz, 
Gage and Sligh, 354; Mr. Prince, 355; Mr. McMahan, ^relating to homesteads, 355; Mr. Sligh, *“no 
waiver mortgage or lien shall defeat,” etc., 611, 012, 613; Messrs. Rogers, Sligh and Ira B. Jones, 
614; Messrs. Fitch, Gage, Sligh and Ira B. Jones, 015; Mr. Sligh, 689; Mr. Howell, ^relating to 
homestead, 687; Mr. Clayton, 688; Mr. McWhite, *to strike out Section, 689; Mr. B. R. Tillman, 
089; Messrs. W. B. Wilson, Rogers and Prince, 690. 

Sections 30 and 31—318. 

Section 32—Mr. Gray, 318, 319. 

Section 33—Mr. George Johnstone, 319; Mr. George Johnstone, 341. 

Section 34—Messrs. George Johnstone, Smalls and W. D. Evans, 319; Mr. Cooper, *to amend 
amendment of Mr. Smalls, relating to miscegenation. 319; Messrs. Aldrich, Henderson, B. R. Till¬ 
man, 323,324; Mr. George Johnstone, *to lay on table motion of Mr. B. R. Tillman, relating to 
punishment for intermarriage of the races, 324; Messrs W. D. Evans and Fraser, 341, 342; report 
committee, 511; 615, 616; Mr. George Johnstone, ^relating to intermarriage of races, 617; Mr. Ira 
B. Jones, 018; Mr. Smalls, delating to same, 618; Mr. Sligh, 090; Messrs. McMahan and Hender¬ 
son, 690; Messrs. Sheppard and W. B. Wilson, 690. 

Section 35—Mr. Sloan, *to strike out Section 35, relating to dower, 336, 337. 

Section 36—Mr. Stanyarne Wilson, 339; Messrs. Gage, Ragsdale, Von Kolnitz, Sheppard, Bates, 
Meares, Klugh, Von Kolnitz and Johnstone, 340. 

Section 37—Mr. B. R. Tillman, 341. 

Section —, Mr. Doyle, 418. 

Section 38—Mr. Jeremiah Smith, *to strike out Section, 690, 691. 

Section —, Mr. McMahan, ^limiting the number of acres of land foreigners can hold, 619. 

Section —, Mr. Doyle, ♦limiting expenses of administering estates, 620. 

Ordered to a third reading, 021. 

Report Committee on Engrossed Resolutions and Ordinances, 603. 

Section —, Mr. Stanyarne Wilson, *providing for the establishment of a Labor Bureau, 692. 


















42 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON EXECUTIVE 

DEPARTMENT. 


Introduced by 

TITLE. 

Introduced. 

i 

Other 

Proceedings. 

Mr. Aldrich. 

Article 2 of draft of a Constitution. (Printed on 
page 59.). . 

35 

58, 200 

Mr. Gray. 

Resolution relating to commutations of sentence, 
pardons, etc. (Printed on page 79.). 

35 

200 

Mr, Ragsdale. ... 

Resolution relating to the veto power of the Gov¬ 
ernor as to Bills appropriating money from the 
Treasury. (Not printed.). 

36 

56, 200 

Mr. Russell. ... 

Aihendment to Constitution, Article III, Section 2, 
and also Article IV, Section 27. 

107 

200 

Mr. Rogers. 

Resolution to provide and flx salaries for all Consti¬ 
tutional officers.. 

47 

153, 200 

Mr. Smoak. 

Resolution to define the conditions of Executive 
pardons. 

111 

200 


REPORTS. 

Upon various ordinances and resolutions, 200. 

Report of Committee containing proposed Article, 201. 

Minority report of C. M. Eflrd, L. S. Conner, J. N. Estridge and J. T. Douglass, 200. 

CONSIDERATION. 


Section 1—223. 

Section 2—Mr. Aldrich, ^extending the term of the Governor to four years, 223, 224. 

Section 3—Messrs. Miller, McMahan and Aldrich, 224; Mr. McMahan, 2?8. 

Sections 4, 5, 6, 7 and 8—225. 

Section 9—Mr. Eflrd, 229; Mr. Gage, 278. 

Section 10—225. 

Section 11—Messrs. Rogers, Sheppard, Johnstone and Derham, 225; Mr. Timmerman. *to recon¬ 
sider postponement of Mr. Johnstone’s amendment, 229; Messrs. Meares ana Derham, 230; Mr. Der¬ 
ham, 239. 

Section 12—230. 

Section 13—Mr. Rogers, 230. 

Section 14—Mr. B. R. Tillman, 230. 

Section 15—230; Mr. Eflrd, 278. 

Sections 16,17,18,19 and 20—230. 

Section 21—Mr. B. R. Tillman, 230. 

Section 22—Mr. Eflrd, for minority and Messrs. Haynesworth, Johnstone and Gage, 231; Mr. 
Gage, 238; Messrs. J. L. Glenn, Eflrd and Howell, 238; Mr. Talbert, *to indefinitely postpone whole 
matter, 239. 

Section 23—239. 

Section 24—Messrs. Winkler, Prince and Breazeale, 239. 

Ordered to a third reading, 240. 

Read third time, 278. 



























43 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON JUDICIAL 

DEPARTMENT. 


Introduced by 

Mr. Aldrich. 

Mr. Aldrich. 

Mr. Bowman. 

Mr. Buist. 

Mr. Clayton.. . 

Mr. Dudley. 

Mr. Farrow .... — 

Mr. Fitch. 

Mr. Fraser. 

Mr. Fraser. 

Mr. D. S. Henderson. 

Mr. D. S. Henderson. 

Mr. Hodges. 

Mr. Howell. 

Mr. Hutson. 

Mr. Hutson. 

Mr. Klugh. 

Mr. McGowan. 

Mr. McKagen. 

Mr. McMahan. 

Mr. McWhite. 

Air. Miller. 



Draft of a Constitution. (Printed on page 59.) (Re¬ 
referred on page 58 to various Committees.). 


Article 3 and the ordinance portion of draft of a 
Constitution. (Printed on page 59.). 


Resolution amending Article IV of the Constitution, 
relating to the Judicial Department. 


Resolution to amend Article 5 of the Constitution, in 
relation to murder and manslaughter. 

Article —. The Judicial Department, so far as the 
same relates to the Courts of this State. 


Ordinance to provide a Supreme Court and manner 
of election. 

Resolution in reference to the creation of Courts 
and the jurisdiction thereof, amending Article 4 
of Constitution of the State. 

Resolution amending Article IV of the Constitution 
of the State and creating Courts with the jurisdic 
tion thereof..... . 


Ordinance to establish a Court of Errors for Consti¬ 
tutional and other questions referred to it. 

Ordinance to provide for the transfer of the State 
government from the old Constitution to the new 
Constitution adopted at this Convention. 

Resolution as to the oaths to be taken by all the 
officers to be elected or appointed. (Not printed.). 

Resolution relating to trial by jury and the compen¬ 
sation of juries. (Not printed.). 


35 

35 

103 

180 

116 

109 

39 


Other 

Proceedings. 


58 

58, 326, 700 
326, 700 
236, *285, 327 
326, 700 
326, 700 


326, 700 


Resolution as to judgments. 

Resolution relating to married woman’s property, 
now Section 8, Article 14, of present Constitution. 

Resolution to define the rights of married women as 
to property. (Not printed.). 


Resolution relating to the power of Judges to 
charge juries.*. 


Resolution relating to insurance companies. 


Ordinance fixing the age of consent for women... 
[Consideration: Messrs. McGowan and 
Prince, 607; Mr. R. F. Smith, *to in¬ 
sert “14” for “16,” 607, 608; Mr. 

Jervey, 608; incorporated in Consti¬ 
tution, 704.] 

Resolution relative to the ineligibility of Senators 
and Representatives for any office of profit. 


137 326, 700 
133 326 

615 672 
17'93,112, 187 
171700 

47*197, 326, 376 
147 187, 226 
36'187 

I 

85 326, 700 
1711233, 327 
21S 223, 369, 662, 704 


Ordinance relative to the concurrence of the whole 
number of a jury. 


Ordinance providing that bribery shall be punished 
as provided by law. 


Ordinance to provide that the Constitution shall be 
submitted to the people to be ratified. 


169 235, 327 
208 236, 327, 343 


187, 326 
326, 700 
























































44 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON JUDICIAL 

DEPARTMENT. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Moore.. 

Ordinance to provide compensation by exemplary 




damages for death resulting from willful act, 
omission or gross negligence. 

167 

232, 327 

Mr. Moore. 

Ordinance relating to the granting of free passes... 

170 

223 

Mr. Moore. 

Ordinance relating to contracts between employers 
and employees. 

172 

233 

Mr. Mower. 

Mr. Oliver. 

Ordinance relating to the Judicial Department. 

Ordinance relating to mechanics’ liens, etc . 

178 

183 

327, 700 

327, 700 

Mr. Otts. 

Resolution creating the office of Probate Judge and 



deflu ing his duties. 

51 

326, 700 

Mr. Otts. 

Ordinance to abolish the fee system. 

222 285, 326, 342 

Mr. Sloan. 

Resolution for the removal of all causes by the 
General Assembly to the Courts created by the 
Constitution. 

105 

326, 700 

Mr. R. F. Smith. 

Ordinance providing for keeping record of mar¬ 
riages . . 

108 

187, 326 

Mr. Smoak. 

Resolution to prohibit public trial of certain cases 
and the publication of details of such trials. 

87 187, 326 

Mr. Stokes. 

Outline of judicial system. 

as SQfi 700 

Mr. G. D. Tillman. 

Resolution proposing an Article in the Constitution 




to re-establish the whipping post to properly 
punish vagrants, petty thieves and habitual wife- 
beaters. 

151 

187 

Mr. Wharton. 

Resolution to regulate elections and flx the terms of 
officers. 

38 187, 326 


REPORTS. 

Upon various ordinances and resolutions—1S7; 1S8; 197; 233; 234; 235 ; 326: 327: 380 • 644 • 700 
Reporting “Schedule”—643, 644, 663. ’ ’ 

Report of Committee containing proposed Article—327. 

CONSIDERATION. 


Made special order—560. 

Substitute proposed by Mr. Jervey—624, 625,626, 627, 628. 

Section 1—623; Messrs. Wilson, Barker, McGowan and B. R. Tillman, 649; Mr. S Wilson 693 694 
Section 2—Mr. Ragsdale, ■'•‘relating to manner by which Supreme Court shall decide causes ’ 628 • 
Mr. McGowan, 630, 635; Mr. Ragsdale, 630, ♦relating to election of Judges by the people ’ 635 : 
♦making term of office four years, 636; Mr. S. Wilson, 693; Mr. Kennedy. 694 ’ 

Section 3 Mr. Wilson, 63?; 694. 

Section 4—Mr. McGowan. 631; 637; 694. 

Section 5—Mr. Patton, 630, 637; 638; 694. 

Section 6—Mr. McGowan, 631; 638 ; Mr. S. Wilson, 693; 694. 

Section 7—638; 694. 

Section 8—638; 694; 714. 

Section 9—638; Mr. S. Wilson, 693; 694. 

Section 10—Mr. D. S. Henderson, 630; 638 ; 

S. Wilson, 693; 694. 

Section 11—Mr. Gilland, 633; 694. 

Section 12—Mr. D. S. Henderson, 630, 638, 639; 
son, 694; Mr. Breazeale, 694. 

Section 13-Mr. Ragsdale, ♦relating to election of Judges by. the people, 639, 640 • ♦makinu term 
of ^office four years, 640; Mr. Garris, *requiring Judges to reside in County at time of election, GPL 

Section 14—642; 694. 

Section 15—642; 694. 

Section 16—Messrs. Fitch, Barker and Wilson, 642; Mr. J. D. Montgomery 694 695 


Mr. McGowan, 631, 638; Mr. B. R. Tillman, 638; Mr. 


Mr. Lee, 631; Mr. Bates, 630 ; Mr. D. S. Hender- 

















































45 


Section IT—Mr. McGowan, 631, 642; 695. 

Section 18—Messrs. Meares and Bowman, 642; Mr. Meares, 695. 

Section 19—643; Messrs.Geo. Johnstone and Clayton, ^relating to Probate Courts, 647, 648; 649; 695. 
Section 20-Messrs. I. R. Reed and Miller, 643, 614; Mr. Wilson, 694; 695. 

Section 21—Mr. Geo. Johnstone, 645; Mr. Meares, 695. 

Section 22—Mr. D. S. Henderson, 629, 645; Messrs. Wilson and Barker, 645; Mr. S. Wilson, 694, 
696. 

Section 23—645; Mr. Ragsdale, 646; Messrs. Wilson and Miller, 646; 696. 

Section 24—645; Mr. Bryan, 646; 696. 

Section 25—645 ; Mr. Wilson, 645; Mr. S. Wilson, 694; 696. 

Section 26—Mr. McGowan, 645; 696. 

Section 27—646; 696. 

Section 28—646; 696. 

Section 29—646; 696. 

Section 30—Mr. Barker, 646; 696. 

Section 31—646; 696. 

Section 32—646; 696. 

Section 33—Mr. Fitch, *to strike out “ all inferior Courts thereto,” 646, 647; Mr. Barker, 647; 696. 
Section 34—Mr. B. R. Tillman, 647; Mr. Bowman, *to strike out Section, 696; ordered to a third 
reading, 650; read third time, 697. 

Section 35—698. 

Section 36—Mr. Aldrich, 697. 


46 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON JURISPRUDENCE. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Aldrich. 

Mr. Doyle. 

Articles 7 and 8 of draft of a Constitution. (Printed 
on page 59.). 

Resolution to limit expenses of administering 
estates. (Printed on page 305.). 

35 

51 

58 

305, 415, 418 

Mr. Estridge. 

Resolution requiring that all the expenses of the 
Court of General Sessions for each County be paid 
by the - State. (Re-referred to Committee on 
Finance and Taxation.). 

184 

304, 305 

Mr. McGowan. 

An ordinance fixing the age of consent for women. 
(See Judiciary Committee.)... 

218 

369, 704 

Mr. McWhite . 

Sections 1, 2, 3, 4 and 5 of resolution to provide pun¬ 
ishments, penal institutions and public charities. 
(See Errata.). 

118 

213, 235, 356 


REPORTS. 

Upon various ordinances and resolutions, 304, 305, 356; 369. 
Report of Committee containing proposed Article, 357. 
Minority report, substitute for Section 6, Mr. Bellinger, 358. 

CONSIDERATION. 


Section 1—415. 

Section 2—417; Mr. George Johnstone, 496; 497; Mr. George Johnstone, ’relating to change of 
venue, 503; Mr. D. S. Henderson, ’to lay on table various amendments by Mr. Eflrd, 504; Mr. B. R 
Tillman, 504; Mr. S. Wilson, ’relating to change of venue, 505; Mr. Sheppard, 506; Mr. D. S. Hen¬ 
derson. delating to change of venue, 506, 507. 

Sections 3 and 4^115. 

Section 5—416; Messrs. Stribling, Bellinger and Eflrd, 521; Messrs. Ira B. Jones, Bellinger and 
Eflrd, 520. 

Section 6—Mr. Bellinger, 417; Messrs. Rodgers, D. S. Henderson, Lee and S. Wilson, 520, 523; 
Mr. George Johnstone, ’relating to change of venue, 523, 526; Mr. Bellinger, ’substitute for Section, 
prescribing penalties for mob violence, 526, 527; Messrs. B. R. Tillman, Gray and Patterson, 
’prescribing penalties for mob violence, 527, 528; Mr. Bellinger, 528; Section as amended, 528; 
proposed amendment, Mr. George Johnstone, 529; Mr. B. R. Tillman, 655; Mr. J. C. Sheppard 
’prescribing damages for mob violence, 655; Mr. Patterson, 656; Mr. Breazeale, ’prescribing dam¬ 
ages for lynchings, 656, 657 ; Mr. Bellinger, 657. 

Section 7—Mr. Patton, ’relating to injunction process, 508, *511. 

Ordered to a third reading, 417. 

Read third time, 657. 
























47 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON COUNTIES AND 

COUNTY GOVERNMENT. 


Introduced by 


TITLE. 


o 

o 

3 

T2 

O 


Other 

Proceedings. 


Resolution relating to the formation of new Coun¬ 
ties . . 183:256 


Resolution relating to Counties and County govern- I 
ment. (Printed on page 130.). 18 292 


Mr. J. S. Brice. 

Mr. Eflrd. 

| ment. (Printed on page 130.).| 

Mr. W. D. Evans.Resolution on creation of new Counties. 43 292 

Mr. Gage. 

Mr. Gaillard. 


Mr. Hamel_ 


Mr. Harrison. 


Mr. Hiers. 

Mr. George Johnstone 


Mr. Klugh.. 


Mr. Klugh.. .. 
Mr. McMahan. 
Mr. Nicholson 


Ordinance to regulate the formation of new Coun¬ 
ties . I 88 


292 


Ordinance providing for the election of County 
Auditors and County Treasurers. 207 256 

Ordinance providing that the Legislature shall estab¬ 
lish new Counties when certain provisions are I 
complied with. 184 256 

Resolution relating to County government. 170 256 


Formation of new Counties, Article 2, Section 3, of 
present Constitution. 


Ordinance relating to the area and formation of 
Counties, being Article 2 of the present Constitu¬ 
tion . 


Resolution relating to the formation of new Coun¬ 
ties . 


Mr. Otts... 
Mr. Otts... 
Mr. Parler. 


Mr. George E. Prince... 
Mr. Russell, by request. 


Mr. Scarborough 


Mr. Smoak.. 
Mr. Talbert. 


Resolution relating to public roads. 

Ordinance to render Counties liable in certain cases. 

Resolution for creation of the office of Inspector 
of public County accounts and of illuminating 
oils. 


Article relating to Counties. 

Ordinance relating to road tax and road duty. 


Resolution relating to the election of County Treas¬ 
urers and the assessment and collection of taxes.. 

Resolution relating to the formation of new Coun¬ 
ties. (Not printed.). 

Ordinance to establish a new judicial and election 
County from portions of the territory of Abbeville, 
Greenville, Laurens and Anderson Counties, to be 
called Washington County, with boundaries as 
hereinafter described. 


46 292 


218 j 

173 256 
169 

217 256 


175 

124 256, 292 
172 256 


Ordinance to establish a new judicial and election 
County from portions of the territory of Kershaw, 
Chesterfield, Darlington and Sumter, to be called 
Calhoun, with boundaries as hereinafter desig¬ 
nated . 


Resolution to create the new County of Calhoun 
from portions of Orangeburg and Lexington.. 


Ordinance to establish a new judicial and election 
County from a portion of the territory of the Coun¬ 
ties of Abbeville and Edgefield, to be called Mc¬ 
Cormick, with boundaries as hereinafter desig¬ 
nated .. • 


149 


18 


49 


89 


86 


256 


52 i 




























































48 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON COUNTIES AND 

COUNTY GOVERNMENT. 


Introduced by 


TITLE. 


'O 

03 

O 

3 

O 


Other 

Proceedings. 


Mr. B. R. Tillman 


Ordinance to establish a new judicial and election 
County from portions of the territory of Abbeville 
and Edgefield Counties, to be known as “ Mart 
Gary ” County. (Not printed.). 


Mr. B. R. Tillman 


Resolution for the formation of new Counties, 


Mr. G. D. Tillman 


* 


Ordinance to establish a new judicial and election 
County from a portion of the territory of Edgefield 
County, to be called “ Saluda.” (Printed on page 

75.). 

[Consideration: Majority report upon, 

75; minority report upon, 77; Mr. 

B. R. Tillman, 94; Committee, *to 
strike out “Saluda” and insert 
“Butler” 95; Mr. Timmerman, 96; 

Mr. B. R. Tillman, *to strike out 
“ Butler ” and insert “ Saluda,” 113, 

114; Mr. Timmerman, 114.] 


Mr. George D. Tillman 


Resolution proposing amendments to Section 3, 
Article 2, of the Constitution, relating to the erec¬ 
tion of new Counties, and the removal of County 
seats and consolidation of Counties. 


Mr. Timmerman 


Mr. S. E. White. 

Mr. Stanyarne Wilson, 
by request. 


Ordinance to empower and authorize the General 
Assembly to change County lines. 

Resolution changing names of judicial division from 
Counties to Districts. 

Ordinance to establish a new judicial and election 
County from a portion of a territory of Spartan-1 
burg. Union, Laurens and Greenville, to be called 
Enoree. I 


351 

45 292 


35 75,95,96,112,113, 
114 


45 292 
125 292 
115 292 

55 156 


REPORTS 

Of G. D. Tillman, A. K. Smoak, J. W. Kennedy, J. O. A. Moore, J. C. Otts and R. P. Stackhouse, 
245. 

Of J. T. Austin, R. L. Henrv, T. E. Johnson, E. W. Redfeam, A. J. Harrison and Frank P. Gary, 
255. 

Exceptions of A. J. Harrison, 255; withdrawal of report of Mr. Harrison, 378. 

On ordinance to establish Seabrook County, 518, 610. 

Relating to ordinance to establish Saluda County, 75,112,113,114. 

Upon various ordinances and resolutions referred to them, 154, 256, 292. 

CONSIDERATION. 


Made special order—345, 323, 568. 

Consideration of report of Mr. Austin and others, *378; to reconsider consideration, *382. 

Section 1—Messrs. B. R. Tillman and Sheppard, 379 ; 380; Messrs. Prince, Eflrd, Scarborough, 
Buist, Gage and Ira B. Jones, 382; Mr. Otts, 542 ; 598. 

Section 2—Mr. Otts, *to lay on table motion of Mr. McGowan to substitute “ two-thirds ” for 
“majority,” 383; Mr. Otts, 383 ; Messrs. Buist, B. R. Tillman, J. S. Brice, Ira B. Jones and Prince, 
384; Mr. B. R. Tillman, 396; Mr. B. R. Tillman, 409; Mr. McGowan, 410; Mr. Talbert, 598; Mr. 
Lee, 598. 

Section 3—Mr. Patterson, *to lay on table motion of Mr. E. J. Kennedy to strike out “124th” and 
insert “60th,” 384; Messrs. W. B. Wilson, Prince and B. R. Tillman, 385; Mr. Bellinger, *to lay on 
table motion of Mr. Tillman to insert “1J4” for “ two,” relating to property qualification of Coun¬ 
ties, 387; Mr. E. J. Kennedy, *to lay on table motion of Mr. W. B. Wilson, making provision for 
cities of 5,000 or more, 388; Mr. McWhite, *to strike out “400 ” and insert “450,” relating to area 
of new Counties, 389; Messrs. Eflrd and B. R. Tillman, 390; Mr. W. B. Wilson, 543; Mr. W. B. 
Wilson, *excepting Rock Hill, 599. 

Section 4—Mr. George Johnstone, 390 ; Mr. Otts, 542 ; Mr. B. R. Tillman, 600. 

Section 5—Mr. Conner, 390; Mr. Prince, 391; Mr. B. R. Tillman, *to recommit the Section, with 
instructions, 391; Mr. Cooper, *to lay on table substitute of Mr. Prince relating to 10 mile limit, 
392; Mr. E. J. Kennedy, *to lay on table motion of Mr. G. D. Tillman to strike out “ 10 ” and insert 
“ 7,” 393; Mr. Talbert, *to strike out “ 10 ” and insert “ 8,” 393; Mr. Talbert, *to reconsider and lay 



































49 


that motion on table, 394; Mr. Prince, 396; Mr. Hamel, 542; Mr. Hamel, 600; Mr. McGowan, *sub- 
stituting “10” for “8,” 600; Mr. Lowman, substituting “9” for “8,” 602, *604. 

Section 6—396, 605. 

Section 7—Messrs. Rogers and J. S. Glenn, 396; Mr. Stanyame Wilson, *to lay proposed Section 7 
on the table, 397 ; Mr. Breazeale, 398; Mr. McKagen, 398; 404 ; Mr. Gary, 404; 605. 

Section 8—Mr. McGowan, 404; Messrs. Moore and W. B. Wilson, 605. 

Section 9—Mr. Bellinger, 404; Mr. Wells, 409 ; 605. 

Section 10—Mr. Buist, 404; 605. 

Section 11—Mr. Buist, 404; Mr. Henderson, 404; Messrs. Barton and B. R. Tillman. 408; Mr. 
Barker, 410; 605. 

Section 12—Mr. Buist, 404, 408; Mr. Wells, 409 ; Mr. Scarborough, 542; Mr. B. R. Tillman, 606. 

Section 13—Mr. Buist, 405; Mr. Otts, 405; Messrs. Barton, Clayton and Taylor, 406, 407; substitute 
of Mr. Otts establishing township government, 408; Mr. G. D. Tillman, 409; Mr. W. C. Smith, 606. 

Ordered to a third reading, 410. 

Report of Mr. Otts and others—Laid on table, 410. 

Report of Committee on Engrossed Resolutions and Ordinances, 425. 

Section —, Mr. Otts, 542. 

Section —, Mr. Otts, 542. 

Read third time, 606. 


50 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON MUNICIPAL 
CORPORATIONS AND POLICE REGULATIONS. 


Ictroduced by 


TITLE. 



Other 

Proceedings. 


Mr. Aldrich, by request. 


Proposed Article in reference to the right 
incorporated towns and cities.— 


to vote in 


85 189 


Mr. Etlrd. 


Mr. Farrow 


Resolution providing for the control of the manu¬ 
facture and sale of intoxicating liquors and bev¬ 
erages under the exercise of the police power.... 


44 


189 


Ordinance to provide for the location of incorporated 
cities, towns and villages in this State, so that all 
portions of each respectively shall be in the same 

County. 

[Consideration: Mr. Howell, 311; in¬ 
corporated in report, 332.] 


181 227, 310, 332 


Mr. 


D. S. Henderson... 


Resolution as to the exercise of suffrage in the 
cities, towns and villages of the State. (Printed 
on page 185.). ... 


17 


189 


Mr. George Johnstone.. 

Mr. Lybrand. 

Mr. McCown. 

Mr. Moore. 

Mr. Otts. 

Mr. Russell. 


Ordinance relating to corporations, being Article 
XII of the present Constitution. 

Resolution to regulate the manufacture and sale of 
intoxicating liquors . 

Resolution relative to the liquor traffic. 

Ordinance to regulate the extension of corporate 
limits of cities, towns and villages. 

Resolution to prevent the aiding of any railroad or 
other corporation by Counties, cities, towns and 
other municipal corporations subscribing to the 
capital stock thereof. (Printed on page 186.) — 

Amendment to Constitution, Article —, Section —, 
relating to municipal corporations. 


223 

125 

46 

181 


363 

189 

189 

227 


36 189 
208 


REPORTS. 

Upon various ordinances and resolutions, 188, 189. 
Report of committee containing proposed Article, 188. 


CONSIDERATION. 

Section 1—Mr. Barker, 240; Committee, 266; Mr. B. R. Tillman, 267; Mr. B. R. Tillman, 311. 
Section 2—240; Committee, 266; Mr. W. B. Wilson, 311; Mr. G. D. Tillman, *to lay on table sub¬ 
stitute of Mr. Stokes to strike out “5,000” and insert ”500,” 311, 312; Mr. Henderson, 312; Mr. 
W. B. Wilson, 312; Mr. Bellinger, 312; Mr. Stanyarne Wilson, *to insert “except manufacturing 
towns,” 312, 313. 

Section 3—240, 

Section 4—Mr. Barker, 240. 

Section 5—240. 

Section 6-Messrs. Prince and Wells, 240. 

Section 7—Mr. Ragsdale, 240; Mr. Henderson, *to lay on table motion of Mr. George Johnstone 
relating to trial by jury, 241; Messrs. Jeremiah Smith and Hutson, 241; Mr. D. S. Henderson, 247; 
Mr. D. S. Henderson, 313. 

Section 8—Messrs. Bates, Derham, Rogers, Bellinger and Clayton, 247. 

Section 9—Messrs. Gray and Barker, 248; Mr. D. S. Henderson, 267; Mr. Patton, 331; Mr. Stan¬ 
yarne Wilson, *to reconsider the vote whereby substitute of Mr. Patton was adopted, 332. 

Section 10—Mr. Stanyarne Wilson. *to strike out Section relating to exemption of manufactories, 
248, 249; Messrs. Rogers and S. E. White. 249; Mr. Stanyarne Wilson, *to indefinitely postpone the 
Section, 249, 250; Mr. Floyd, ’•‘requiring that the question be submitted to the people for ratification, 
257; Mr. Sheppard, 258. 

Section 11—Mr. Barker, 258. 

Section 12—Messrs. Winkler and Johnstone, 258; Mr. George Johnstone, 266. 

Section 13—Mr. D. S. Henderson, 258. 

Section 14—Mr. McCown, 258; Messrs. Doyle, B. R. Tillman, Bellinger and Clayton, 258; Mr. 
Sheppard, *to indefinitely postpone substitute by Mr. Clayton prohibiting bar rooms, 299,300; Messrs. 



































B. R. Tillman, Bellinger, Tillman and Stanyarne Wilson, 300; Messrs. Conner and Gary, 301; Mr. 
S. Wilson, *to lay on table motion of Mr. Farrow to reconsider vote on amendments of Mr. John¬ 
stone, 301; Mr. Sheppard, 267; Mr. Doyle, *to amend by adding “ but not for profit,” 302; Messrs. 
Klugh (printed 304) and Hemphill, 302 ; Mr. D. S. Henderson, 303. 

Section 15—Messrs. McKagen and Otts, 258, 259. 

Sections 16,17 and 18-259; Mr. D. S. Henderson, 313. 

Ordered to a third reading, 313. 

Report of Committee on Engrossed Resolutions, 331. 

Resolution of Mr. Farrow, 310. 

Read third time, 332. (See Errata.) 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON CORPORATIONS. 


Introduced by 

TITLE. 

Introduced. 

other 

Proceedings. 

Mr. Bates. 

Resolution relating to corporations. (Not printed.). 

35 

203 

Mr. Bellinger. 

Resolution relating to the charters of banking cor- 




porations. 

108 

203 

Mr. Farrow. 

Ordinance to provide for the location of incorporated 




cities, towns and villages in this State so that all 




portions of each respectively shall be in the same 



• 

County . 

181 

227 

Mr. Gage. 

t 

Ordinance to prohibit the creation of corporations, 




except under general laws. (Not printed.). 

35 

203 

Mr. George Johnstone.. 

Ordinance relating to corporations, being Article 




XII of the present Constitution. 

223 

203 

Mr. McCalla. 

Ordinance creating office of Bank Insoector. 

249 

263 

Mr. Moore. 

Resolution restricting corporations to pursue busi- 




ness fixed by charter, etc. 

87 


Mr. Moore. 

Ordinance to regulate the extension of corporate 




limits of cities, towns and villages. 

181 

227 

Mr. Otts. 

Resolution to prevent the consolidation of railroad, 




electric car companies, telegraph companies, 




express companies, telephone companies and 




other corporations from consolidating with com- 




peting or parallel lines. (Not printed.). 

37 

203 

Mr. Smoak. 

Resolution making corporations responsible for the 




payment of work when a construction company 




fails to pay the laborer. 

86 

175 

Mr. Stokes. 

Ordinance relating to corporations, being Article I 




of the Constitution. 

142 

203 

Mr. Sullivan. 

Resolution prohibiting railroad corporations from 




consolidating with or controlling competing or 




parallel lines. (Not printed.). 

36 

203 


REPORTS. 


Upon various ordinances and resolutions referred to them, 175, 227, 203. 
Report of Committee containing proposed Article, 203. 

CONSIDERATION. 


Made special order, 370. 

Section 1—530; 057. 

Section 2—Mr. Von Kolnitz, 530; 657; Mr. George Johnstone, 661. 

Section 3—Messrs. Haynsworth, Stokes and B. R. Tillman, 530; Messrs. Stokes and Lee, 531; 
Messrs. J. L. Glenn and Stokes, 541; Mr. Hamel, ^relating to liability, 657; Mr. Lee, 058; 000. 

Section 4—Messrs. George Johnstone and Haynsworth, 530, 531, 541 ; Messrs. Ragsdale and Hayns¬ 
worth, 541; Mr. Prince, 600. 

Section 5—Mr. Stokes, 531; Messrs. Howell and Haynsworth, 600; Mr.' W. B. Wilson, 685. 

Section 0—Mr. Stokes, 531; Mr. Bryan, 541; Mr. Buist, 660. 

Section 7—Mr. Stokes, 532; 060. 

Section 8-Mr. Glenn, 532 ; Mr. B. R. Tillman, 532; 000. 

Section 9—Messrs. S. Wilson and Oliver, 532; Mr. Mower, 600. 

Section 10—Mr. Stauyarne Wilson, 532; 060. 

Section 11—532; 060. 

Section 12—Mr. Stanyame Wilson, 532; 600. 

Section 13—532; 000. 


Section 14—Mr. Stokes, ^relating to the Railroad Commissioners, 533; Mr. Stokes, 533; 660 

Section 15—Mr. Farrow, 533; 535; Mr. W. B. Wilson, delating to damages for negligence, etc., 
535, 536; Mr. D. S. Henderson, 537; Mr. Glenn, 537; 060. 

Section 10—Mr. Stanyarne Wilson, 537; 000. 

Section 17—Messrs. Stokes and George Johnstone, 537; 660. 

Section 18—Mr. Stanyarne Wilson, 537, 538; Messrs. Ira B. Jones and Haynsworth, 538; Mr 
Bryan, 538; Mr. Gage, 538; Mr. Bryan, ^relating to responsibility of stockholders of banking cor¬ 
porations, 538. 539; Messrs. Gage and Stanyarne Wilson, 539; Messrs. W. B. Wilson and George 
Johnstone, 540; Mr. Gage, 540; Mr. W. J. Montgomery, ^relating to liability of bank stockholders, 
060, 001. 

Section 19—661. 

Section 20—Mr. Stokes, 531; 540; 061. 

Section 21—Mr. Ira B. Jones, 661. 

Read third time, 602; 685. 













































53 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON FINANCE AND 

TAXATION. 


Introduced by 

TITLE. 

Introduced. 

i 

Other 

Proceedings. 

Mr. Aldrich. 

Articles 10 and 13 of draft of a Constitution. (Printed 




on page 59.).. 

35 58,235. Unfinished 

Mr. Bates. 

Ordinance for exemption from taxation of certain 
widows and Confederate soldiers. 

207 284 


Mr. J. S. Brice 


Resolution relating to finance and taxation. 


181 


Mr. Buist. 

Mr. Cooper. 

Mr. Estridge ... 

Mr. W. D. Evans, 
Mr. W. D. Evans. 

Mr. Field. 


Resolution to amend Article 10 of the Constitution 
of the State, prohibiting the property or credit of 
the State, of any County, city, town, township, 
school district, from being donated, loaned, etc., 
to denominational institutions. 123 237 

Ordinance to extend the time for the payment of 
State and County taxes for the fiscal year com¬ 
mencing November 1, 1892, in Beaufort County 
and part of Colleton County. G32 034 


Resolution requiring that all expenses of the Court 
of General Sessions for each County be paid by 
the State.. 


184 305, 373, 417, 699 


Resolution on the collection of taxes. 

Resolution on increase of bonded debt, State, Coun¬ 
ties and municipalities. 

Resolution to prevent the State lending its credit 
except for certain purposes. (Not printed.). 


81 235 
127 236 
36 237 


* 


Mr. D. S. Henderson.... 


Ordinance to authorize the issue of State bonds to 
enable the Counties of the State to do business on 

a cash basis. 

[Amendments: Messrs. D. S. Hender¬ 
son, B. R. Tillman and Dudley, 418; 

Mr. George Johnstone, D. S. Hender¬ 
son and B. R. Tillman, 419.] 


125 418, 486, *495 


Mr. Hodges 


' Resolution to impose a tax of three mills for educa¬ 
tional purposes. 


38 235 


Mr. Lowman. 

Mr. McMahan. 

Mr. McMahan. 

Mr. Moore.?. 

Mr. I. R. Reed. 


Resolution that the bonded debt of the State shall 
never be increased except to repel invasion, sup¬ 
press insurrection, etc. 

Ordinance limiting the duration of the State’s lien 
for taxes. 

Ordinance to prevent double taxation of land. 

Resolution to provide for sale of lands for taxes and 
the redemption of such lands. 

Resolution to change the date of the fiscal year. 


169 236 

208 236 
223 j 

50 235 
84 235 


Mr. Rogers. 

Mr. Sloan . 

Mr. Sullivan. 

Mr. Sullivan. 

Mr. Timmerman. 


Resolution to provide and fix salaries for all consti- 
I tutional offices. 

'Resolution as to the establishment and adjustment 
j of claims against the State. 

Resolution relating to the income tax. (Not 
| printed.). 

Resolution providing for a common school fund 
j and the distribution of same. . 

Ordinance to pension certain Confederate soldiers.. 


47 j 153 

109 

37 237 

85 237 
107,153 


































































54 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON FINANCE AND 

TAXATION. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Wharton. 

Resolution for the relief of disabled and aged Con- 




federate soldiers and their widows. 

122 


Mr. Wigg. 

Ordinance to direct the Comptroller-General and 




all persons charged with the collection of taxes to 




keep separate accounts of taxes paid by white 




and colored taxpayers. 

137 

236 


REPORTS. 


Reports upon various ordinances and resolutions referred to them* 153,175* 197* 235, 237. 
Report of Committee containing proposed Article, 197. 


CONSIDERATION. 


Section 1—Mr. Geo. Johnstone, 359; Messrs. Aldrich and B. R. Tillman, 360; Mr. Prince, *to lay 
on table motion of Mr. Barker, excepting incomes from agricultural productions from income tax, 
360; Mr. Meares, 361; Mr. Jeremiah Smith, delating to tax on certain domestic animals, 361; Mr. 
Dudley, 361; Mr. B. R. Tillman, ^relating to tax on dogs, 362; Mr. S. E. White, 362 ; Mr. Otts, *to 
lay on table amendment of Mr. Taylor, relating to tax on dogs* 363; 622. 

Section 2—363; Mr. W. D. Evans, 622. 

Section 3—363; 374; Mr. W. D. Evans, 622; Mr. Jeremiah Smith, ^relating to payment of Court 
expenses, 672*, 673. 

Section 4 -363; 673; Mr. Bates, ^exemption certain property of widows from taxation, 673, 674. 
Section 5—Mr. Bates, 363; Messrs. Prince, W. D. Evans, Conner, Ira B. Jones and McMahan, 374; 
Messrs. Haynsworth, Geo. Johnstone, Gage, Stripling,, Jones and Wigg, 375; Mr. Bates, 673; Mr. 
Bellinger, ^relating to taxation of banks. 674, 675; Mr. Bates, *do., 675, 676; Mr. Prince, 676. 

Section 6—Mr. Prince, 364; Mr. Ragsdale, 364; Messrs. Meares, W. D. Evans, J. H. Read and B. 
R..Tillman, 365; Mr. Stanyarne Wilson, *to lay on table motion of Mr. Meares, relating to exemp¬ 
tions, 365; Messrs. Tillman and Ira B. Jones, 366; Mr. Bellinger, 676. 

Section 7—Mr. Keitt, 364; Mr. Prince, 366; Messrs. Breazeale, Stanyarne Wilson, B. R. Tillman, 
Barker, W. D. Evans and Gary, 367; Mr. McGowan, 622; Mr. T. E. Johnson, 676. 

Section 8-Mr. W. D. Evans, 367; 677. 

Section 9—Mr. B. R. Tillman, 367, 676. 

Sections 10,11 and 12—367, 676. 

Section 13— Mr. Ellerbe, 367; Mr. W. D. Evans, 676. 

Section 14—Messrs. Buist, W. D. Evans, Patterson and Bates, 367; Mr. Rogers, 676. 677. 

Section 15-367. 

Section 16—367. 

Section 17—Mr. W. D. Evans, 368; 622. 

Ordered to a third reading,, 622.. 






















55 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON EDUCATION. 




■d 





Other 

Introduced by 

TITLE. 

'g 

Proceedings. 



a 



Mr. Aldrich. 

Mr. Anderson. 

Mr. Anderson. 

Mr. Austin. 

Mr. Buist . 

Mr. Buist . 

Mr. Buist. 

Mr. Burn. 

Mr. Derham. 

Mr. J. L. Glenn. 

Mr. J. P. Glenn. 

Mr. Haynsworth, 

by request. 


Constitutional provision in relation to the common 
schools and institutions of learning in the State.. 

Ordinance to compel children between certain ages 
to attend the public school. 


Resolution to establish an industrial school or col¬ 
lege for the higher education of the colored youths 
of the State. 


Resolution relating to poll tax . 


Resolution to amend Article X of the present Con¬ 
stitution. (Printed on page 128.). 


Resolution to amend Article XL, providing for the 
maintenance of the Clemson Agricultural and 
Mechanical College. 

Resolution to amend Article X, providing for the 
maintenance of the Winthrop Normal and Indus¬ 
trial College. 


151 

127 

178 


308 

303 

308 


Resolution: The encouragement of literature, etc.. 

Ordinance to levy a school poll tax for the support 
of public schools and limit a certain per cent, of 
same, the amount that may be appropriated to 
the State educational institutions. 

Resolution providing for levying and collecting a 
tax for the support of public schools. 

Resolution to appropriate certain moneys for the 
support of public schools. 

Ordinance to prohibit the use or loan of property or 
credit on the part of the State or any subdivision 
thereof in aid of any school or charitable institu¬ 
tion under the control of any church or religious 
society.-... 


Mr. T. E. Johnson .. 
Mr. E. J. Kennedy... 


Mr. Lybrand. 


Mr. McWhite. 


Mr. McWhite. 

Mr. Miller. 

Mr. W. J. Montgomery. 

Mr. W. J. Montgomery. 


Resolution providing a system of public instruc¬ 
tion . 

Resolution in relation to education, being amend¬ 
atory of Article X of the present State Constitu 
tion. 

Resolution proposing amendment to Article X of 
the present Constitution, relating to the public 
schools of this State. 

r'' 

Resolution to provide a public school fund and the 
distribution of the same, and to provide for sepa¬ 
rate schools. (Printed on page 128.). 


220 303 

I 

37'|307 

40 307 

44307 

I 

219 308 

J 

93^308 

118308 

I7J3O8 


88 j 308 
167 308 

219 : 308 

119 308 


Resolution to provide that no money shall be donated 
to any sectarian school. 


36 

220 


Resolution prohibiting the passage of any law tax¬ 
ing the people to support any sectarian institu¬ 
tions .. 

Resolution providing for reasonable tuition fees in 
all institutions for higher education supported m 
whole or in part by the State. 

Resolution providing for (1) compulsory attendance 
upon public schools, (2) a three mills tax, and 3) 
a poll tax of $1.50 for the support of said public 
schools... ...-... 


308 

308 


I 

220 308 


166 308 


22i;308 


























































56 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON EDUCATION. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Parrott. 

Ordinance to abolish the office of State Superin¬ 
tendent of Education and of the County School 
Commissioners. 

91 

308 

Mr. Patterson. 

Resolution to provide for the maiutainance of the 
public schools of the State. 

216 

308 

Mr. W. C. Smith. 

Resolution to prevent special privileges by educa¬ 
tional institutions.. 

44 

308 

Mr. Sullivan. 

Resolution empowering the Governor to suspend 
alleged defaulting State and County Treasurers 
and "to fill their office pending investigation. 

167 

3C8 

Mr. A. H. White. 

Resolution as to supervising of the public instruc¬ 
tion . 

151 

CO 

o 

CJO 


REPORTS. 

Upon various ordinances and resolutions. 307, 308. 

Report of Committee containing proposed Article, 308. 

Minority reports—Of E. J. Kennedy, 305; of E. B. Watson and E. H. Houser, 30G; withdrawn, 529. 

CONSIDERATION. 


Made special order, 348,495, 529. 

Section 1—Mr. McWhite, 545. 

Section 2—Mr. Eflrd, 040; Mr. Patterson, ^relating to school officers and for a system of public 
schools, 546; Mr. Patterson, 547; Mr. Mitchell, 678. 

Section 3—Mr. Patterson, 547; Mr. Mitchell. 678. 

Section 4—547; Mr. Mitchell, 584; Mr. Mitchell, 678; Mr. W. J. Montgomery! 680. 

Section 5—Messrs. Ragsdale, Prince and B. R. Tillman, 547; Mr. Breazeale, 547, 548, 554; Mr. B. 
R. Tillman, delating to school districts, 554. 555; 556; Mr. Mitchell, 079; Mr. Mower, 685. 

Section 6—Mr, Mitchell, 548, 549; Mr. E. J. Kennedy, ^levying school taxes as State taxes, 549, 
550; Mr. Patterson, 550, 554; Mr. T. E. Johnson, 551; Mr. Ragsdale, 554, 556 ; Mr. Lowman, 554, 
556, 561; Mr. Ira B. Jones, ^relating to constitutional tax not exceeding three mills, 556, 557; Mr. 
Patterson, *to lay on table amendment of Mr. Ragsdale substituting “ two ” for “ three ” mills as the 
school tax, 557, 558; Mr. Prince, 558, 559, 560; Mr. D. S. Henderson, 559; 560; Messrs. Rogers, D. S. 
Henderson, W. B. Wilson, W. J. Montgomery and B. R. Tillman, 561; Mr. W. J. Montgomery, *to 
fix poll tax at $1.50, *562, *563; Mr. Sheppard, *relating to age of exemption from poll tax, *564, 
*565; Mr. George Johnstone, 567; Messrs. W. C. Smith and B. R. Tillman, 567; Messrs. T. E. John¬ 
son, Buist and E. J. Kennedy, 567; 568; Mr. Mitchell, 679; Mr. W. J. Montgomery, 680; Messrs. 
Eflrd and Montgomery, 685. 

Section 7—Mr. Rogers, 568; Mr. Mitchell, 679. 

Section 8—Mr. I. R. Reed, 569, 572; Messrs. Mitchell and Buist, 569, 573, 581; Mr. I. R. Reed, 572; 
Mr. Woodward, 573; Mr. Watson, to substitute “may ” for “shall ” in paragraph relating to higher 
institutions, 573, 575, *576, 577; proposed amendments of Mr. Miller, 557,580; Mr. Derham, 557, 
580; Mr. Behre, 557, 558 ; Messrs. Miller, Smalls and Reed, 580,581 ; Mr. B. R. Tillman, 581; Mr. 
Mitchell, 679, 680; Mr. B. R. Tillman, 681, *683; Messrs. Patton and Rogers, to insert “shall” for 
“may,” 681-682; Mr. Buist, *to insert " Winthrop College,” 684. 

Section 9—Messrs. Gage, Buist and Watson, 581; 582;' Messrs. Barker and W. D. Evans, 680. 
Section 10—582. 

Section 11—Mr. Mitchell, 582. 

Section 12—Messrs. Mitchell and Eflrd, 582, 588; E. J. Kennedy, 602, 677; Mr. B. R. Tillman, 
♦relating to supplementary tax, 677-678; Mr. E. J. Kennedy, 680. 

Sections 13 and 14—583. 

Section 13 Mr. Behre, *requiring the General Assembly to provide pupils with free school books, 
583; ordered to a third reading, 584; report of Committee on Engrossed Resolutions upon, 617. 
Section 15—Mr. Behre, 685. 

Read third time, 685, 






























57 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON CHARITABLE 

AND PENAL INSTITUTIONS. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Buist . 

Mr. Clayton. 

Resolution to amend Article XI, Section 1, of the 
present Constitution. (Printed on page 5S.). 

Resolution to regulate the working of convicts.. .. 

37 

125 

212, 235 

Mr. J. P. Glenn. 

Resolution to require every County in this State to 
provide for the really destitute within its bounds. 

46 235 

Mr. Gooding. 

Proposed Article of penal and charitable institu- 

121 

235 

tions. 

Mr. Me White. 

Resolution to provide punishments, penal institu- 

118 

213, 235, 356 


tions and public charities. 

Mr Otts 

Ordinance requiring chain gangs. 

166 213 

Mr. I. H. Reed. 

Resolution to establish a “State Penal School.”.. 

150 

212 

Mr. W. B. Wilson. 

Resolution providing for the establishment and 
maintenance of a reformatory. 

149 

235 


REPORTS. 

Reports upon various ordinances and resolutions referred to them—212, 223, 234. 
Report of Committee containing proposed Article, 236. 

CONSIDERATION. 


Section 1—342. 

Section 2—Messrs. Gooding and Eflrd, 342. 

Section 3-342. 

Section 4—Mr. B. R. Tillman, 342. 

Section 5—342. 

Section 6—342. 

Section 7—342; Mr. Gooding, 344. 

Section 8—342. 

Section 9—342; Mr. Gooding, 344. 

Section 10—Mr. Bellinger, 344. 

Ordered to a third reading, 344. 

Report of the Committee on Engrossed Resolutions, 356. 
Amendments—Messrs. Prince and Breazeale, 359. 

Ordered referred to Committee on Style, Order and Revision, 359. 


♦ 





























58 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON MILITIA. 


Introduced by 

TITLE. 

Introduced. 

Other 

Proceedings, 

Mr. Bates.... .. , — 

Ordinance for exemptions from taxation of certain 
widows and Confederate soldiers, (Re-referred 
to Committee on Finance and Taxation.). .. 

207 

th 

OO 

C? 

Mr. J. S. Brice. ., ... 

Resolution in regard to the militie. .. 

148 

273 

Mr. Wilie Jones.. 

Resolution in regard to the militia . 

48 

273 

Mr. Timmerman .,,.. . 

An ordinance to pension certain Confederate sol¬ 
diers . 

107 

153, 273 

Mr. Wharton 

Resolution for the relief of disabled and aged Con¬ 
federate soldiers and their widows... .. 

122 

175, 273 


CONSIDERATION OF REPORT, 

Report of Committee containing proposed Article, 273. 

Upon various resolutions, 273, 

Sections 1, 2, 3, 4, 5—415. 

Ordered to a third reading, 415. 

Report of Committee on Engrossed Resolutions, 410. 


$ 

REPORT OF THE COMMITTEE ON EMINENT DOMAIN, 
REPORT. 

Report of Committee containing proposed Article, 608, 609. 

CONSIDERATION. 

Passed second reading, 650. 

Passed third reading, 663. 

Report of Committee on Engrossed Resolutions and Ordinances, 663, 























59 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON IMPEACHMENT. 


Introduced by 


TITLE, 

Introduced. 

Other 

Proceedings. 

Mr. Aldrich.. 

Article 

page 

6 of draft of Constitution. (Printed on 

35158, 227 



CONSIDERATION OF REPORT. 




Report of Committee containing proposed Article, 238, 
Section 1—Mr. B, R. Tillman, 285. 

Section 2—Mr. D. S. Henderson, 285. 

Section 8—285. 

Section 4—Mr. Lee, 285. 

Ordered to a third reading, 285, 

Parsed third reading, 381, 



















60 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON AMENDMENT 

AND REVISION. 


Introduced by 


TITLE. 


Introduced. ' 

II 

Other 

Proceedings. 

Mr. Aldrich . 

Article XI 
page 59.) 

of draft of a Constitution. 

(Printed on 

35 

58 


CONSIDERATION OP REPORT. 

Report of Committee containing proposed Article, 204. 

Section 1 —Messrs. George Johnstone, Stribling and McCown, 284. 
Section 2—284. 

Section 3—Mr. B. R. Tillman, 284. 

Section 4—Mr. Miller, 2S5. 

Ordered to a third reading, 285, 

Report of Committee on Engrossed Resolutions, 304, 

Passed third reading, 331. 


I 





















61 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON MISCELLANEOUS 

MATTERS. 


Introduced by 

TITLE. 

Introduced. | 

Other 

Proceedings. 

Mr. Aldrich. 

Article 5 of draft of a Constitution. (Printed on 




page 59.). 

35 

58, 93 

Mr. Alexander. 

Resolution to prohibit the sale of products of public 




institutions in the markets of this State. 

106 

251 

Mr. Bates. 

Resolution in reference to existing laws. (Not 
printed.). 

36 

93, 112 

Mr. Buist . 

Resolution in reference to lotteries in this State. 
(Not printed.). 

37 

93,112 

Mr. Buist. 

Resolution to insert in Article XIV of the Constitu¬ 
tion a provision to prohibit the General Assembly 
from auditing or allowing any private claim or 
account against the State or any County, but may 
appropriate money or order the proper officer or 
officers to pay such claims as shall have been 
audited and allowed according to law. 

134 

251 

Mr. Dudley. 

Resolution to prohibit divorce from bond of matri¬ 
mony. (Not printed.). 

36 

251 

Mr. D. S. Henderson... 

Resolution relating to the granting of divorces in 
this State. (Printed on page 272.). 

17 

34,251. Unfinished 

Mr. D. S. Henderson... 

Resolution fixing an oath to be taken by all officers 
to be elected or appointed. (Not printed.).. 

17 

93,112 

Mr. Howell. 

Resolution relating to married woman’s property, 
now Section 8, Article 14, of the present Constitu¬ 
tion . 

147 

finished. 

187, 252. Un- 

Mr. Hutson. 

Resolution relating to the rights of married women. 
(Not printed.). 

17 

34 

Mr. Hutson. 

Resolution to define the rights of married women as 
to property. (Not printed, withdrawn.). 

36 

187 

Mr. McMahan . 

Ordinance to forbid discrimination on account of 
religion. 

185 

252 

Mr. McMahan. 

Ordinance to forbid the granting of divorces, but to 
provide for the recognition of divorces regularly 
granted by other sovereignties. 

206 

252 

Mr. Moore. 

Ordinance relating to exemption of personalty. 

182 

252 

Mr. Timmerman. 

Ordinance to prohibit office-holders from gambling 


• 

1 

on games of chance.. . 

1001 



REPORTS. 

Upon various ordinances and resolutions. 93, 251, 252. 

Report of Committee containing proposed Article, 252. 

CONSIDERATION. 

Section 1—Mr. Miller, 286; Messrs. Gray, Aldrich and Wigg, 290; Mr. Gray, 331. 

Section 2—286. 

Section 3—Messrs. D. S. Henderson, Bowman, Lee, Dudley, Farrow, Klugh, 287; Messrs. D. S. 
Henderson and Bowman, 290; Mr. Bowman, *to insert “in this State” alter “allowed,” 293; 
Messrs. Tillman, Evans, Klugb, 294. 

Section 4—287. 

Section 5—287; 295. 

Section 6—287. 

Section 7—287. 

Section 8-Mr. Sheppard, 287. 

Section 9—Mr. Timmerman, 287. 


























































62 


Section 10—Messrs. Bowman and Stanyarne Wilson, 287; Messrs. Derham, Dudley, Gage, 238; 
Mr. Hutson, *to lay on table amendment of Mr. Gage, that “ the real and personal property of a 
woman * * * shall be held as her personal property,” etc., 289; Messrs, Patton, Johnstone and 
Hemphill. 289. 

Ordered to a third reading, 295. 

Report of Committee on Engrossed Resolutions, 821, 

Read third time, 381, 


63 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON PUBLIC PRINTING. 




T3 




o 

Other 

Introduced by 

TITLE. 

53 

73 




O 

£ 

Proceedings. 



a 




t-H 



Mr. D. S. Henderson... Resolution as to the cost of reporting stenographic- 
ally the proceedings of the Convention. (Printed 

on page 75.). 

[Consideration: Majority and minor¬ 
ity reports, 75; Mr. Timmerman, *to 
adopt majority report, 96; Mr. Mc¬ 
Mahan, *to recommit, with instruc¬ 
tions to receive bids thereon, 97.] 


18 75 


Mr. Russell. 


I Resolution relating to the Public Printer and print¬ 
ing. ^Printed on page 74.).. 

[Consideration: Report of Committee, 

74; Mr. Wilson, 98.] 


18 


74 


Mr. Sullivan 


Resolution relating to public printing and the fur¬ 
nishing of supplies for public offices, amending 
Article 14, Section 7, of the present Constitution. 
(Re-referred to Legislative Committee, 175.)., . . 


122 175 




























64 


ORDINANCES AND RESOLUTIONS ACTED UPON BY THE COMMITTEE ON CONTINGENT 

ACCOUNTS AND EXPENSES. 


Introduced by 

\ 

TITLE. 

Introduced. 

Other 

Proceedings. 

Mr. Austin. 

Resolution relating to the payment of Commis¬ 
sioners and Managers of Election for delegates to 
the Constitutional Convention . 

206 

700 

Mr. Bebre. 

Resolution requesting the speeches of Hens. Julian 
Mitchell and E. J. Kennedy for publication. 

713 

714 

Mr. McWbite. 

A resolution instructing the Legislature to make 
provision for the pay of Managers and Clerks of 
the late election of delegates. (Printed on page 58). 

37 

700 


i 






















ERRATA. 


Page 257, line 1: “ 15” should be “ 10.” 

Page 259, line 22 : “ 11 ” should be “ 14.” 

Page 314: Add, before “Section 27,” “ Section 26”—adopted as reported 
by Committee.” 

Page 331: After consideration of No. 27, change “Calendar No. 19” to 
“9”; same correction p. 332. 

Page 118: Resolution of Mr. McWhite, to provide punishments, and relat¬ 
ing to Charitable and Penal Institutions, should be reported as being 
referred, Sections 6, 7, 8, 9,10, 11 to Charitable and Penal Institutions Com¬ 
mittee, and Sections 1, 2, 3, 4, 5 to Committee on Jurisprudence. 

Page 382: “Section 10” should be “Section 1.” 

Page 390: Insert “Section 5” before “Mr. Conner,” line 18. 

Page 622: Five lines from bottom of page, “ Section 3” should be “ Sec¬ 
tion 7.” 

Page 638: Insert at beginning of line 27, “ Section 12.” 

Page 697, line 18: “5” should be “6.” 

The pair announced by Mr. VonKolnitz on Friday, November 8, should 
be reported, “Mr. VonKolnitz, yea; Mr. Jervey, if present, no.” 

Page 698: Ordinance providing for marginal notes, etc., should be Te- 
ported as having been read the third time. 
















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